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The Age of Lawfare - Printable Version

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The Age of Lawfare - Hei Sing Tso - 11-04-2016

The age of lawfare


If war is the use ofmilitary means to achieve political aim, then lawfare is the use oflegal means to achieve military aim. Section 504 of the Iran ThreatReduction and Syria Human Act 2012 requires any fund owed to Iran asa result of purchase of oil from Iran be credited to an accountlocated in the country with primary jurisdiction. This will preventIran from forwarding any earned hard currency back to Iran, forcingit only to buy products in the customer countries. In 2010, twomembers of the German Parliament were on board the flotilla to Gazawhen Israel stormed it. They later filed the complaint at the GermanProsecutor Office for war crimes against unknown responsible partiesunder the universal jurisdiction of German criminal law. The Germanprosecutor dismissed the complaint after four years but the publiccoverage of the case has aroused global concern and affected Israel'sdiplomatic relations with other countries. These are two instances oflawfare. As noted, states, NGO, business and individuals are allinvolved in this new type of asymmetric warfare. Lawfare offensivetakes many forms. The first one is creation of law while the secondexample is suit case. Our world is becoming more interconnected andcomplex due to globalization. Lawfare can combine different layers ofthe society to achieve specific aims. Whether we like or not, lawfarewill be an important form of psuedo-military conflict in the future.Every nation , group and individual should be well prepared.