Lawfare

Lawfare is the use of legal systems and institutions to affect foreign or domestic affairs, as a more peaceful and rational alternative, or as a less benign adjunct, to warfare.

Detractors have alternately begun to define the phrase as, "An attempt to damage or delegitimize an opponent, or to deter an individual's usage of their legal rights". The term may refer to the use of legal systems and principles against an enemy, such as by damaging or delegitimizing them, wasting their time and money (e.g., strategic lawsuits against public participation), or winning a public relations victory. Alternatively, it may describe a tactic used by repressive regimes to label and discourage civil society or individuals from claiming their legal rights via national or international legal systems. This is especially common in situations when individuals and civil society use nonviolent methods to highlight or oppose discrimination, persecution, corruption, lack of democracy, limiting freedom of speech, violations of human rights and violations of international humanitarian law."

Since the early 2000s, the use of legal mechanisms in conflict contexts has drawn significant international attention. During this period, particularly in the context of the U.S.-led "War on Terror" both the United States and Israel have characterized legal challenges to their military operations as a form of lawfare—a term used to describe the perceived exploitation of legal systems to achieve political or ideological objectives. Critics argue that this framing delegitimizes the legal efforts of less powerful actors who seek accountability through international institutions.