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Lawfare And U.S. National Security, Orde F. Kittrie

Orde F. Kittrie

The increasing legalization of international relations has made law an increasingly powerful alternative to traditional military means to achieve operational objectives. Major General Charles Dunlap, Jr., has famously coined the term "lawfare" to describe the strategy of so using - or misusing - law. Terrorist groups and their state sponsors have made explicit and sometimes effective use of lawfare to achieve their operational objectives. Under the Obama Administration, and especially the Bush Administration, the U.S. executive branch's response to law's potential as a tool for advancing military objectives has thus far been predominantly defensive. This is unfortunate. If there are …