Lawfare: Preserving the Balance Between the Law and War
Geoffrey S. Corn writes in the World Politics Review:
The term “lawfare” is increasingly used to characterize the pervasive role of law in the conduct of war, but there is nothing new about the concept. Law has always played a role in war, requiring that a pragmatic balance be struck between the necessities of war and the need to protect the innocent. The significance of this balance between military necessity and humane treatment under the law has never been more central to the credibility of U.S. military operations than it is today. The real question raised today is whether “lawfare” will come to define a fundamental distortion of this historic balance. Read more
ICJ: Human Rights Council urged to protect judges and lawyers in times of crises
The International Commission of Jurists (ICJ) urged the UN Human Rights Council as it opened its 12th session in Geneva on 14 September 2009 to establish a new expert mandate to improve protection of human rights of individuals in armed conflicts and generally in any crisis situations. The ICJ requested the Council to harness protection of judges and lawyers from violence and intimidation inflicted on them for their professional functions. It also sought accountability for human rights violations and international crimes committed by the Israeli Army, Hamas and other Palestinian armed groups during the recent war in Gaza. Read more
