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Accession Number ADA592827
Title Lawfare: A Current Threat or Much Ado About Nothing.
Publication Date Apr 2013
Media Count 30p
Personal Author J. Swanberg
Abstract Lawfare is a recently coined term which in its broadest sense refers to the involvement of legal process in modern day warfare. Lawfare can range from litigation in federal or international courts to the exploitation of U.S. Rules of Engagement. It also can be defined as using or misusing law as a substitute for traditional military means to achieve a strategic or operational military objective. This paper examined specific legal cases in which the misuse of legal process was alleged, including accusations that detainees were instructed by Al Qaeda trainers to bring false claims of torture to influence public opinion against the United States and drain resources through protracted litigation. Supreme Court decisions were examined with an eye toward any deleterious effects on military operations. I have concluded that litigation lawfare is largely a myth, and that cases decided by the Supreme Court provided a much needed check on executive authority. The threat of lawfare was overstated and was adequately handled by our judicial system.
Keywords Afghanistan conflict
Al qaeda
Boumediene v bush
Case law
Detainee torture
Detention challenges
Enemy combatants
False claims of torture
Federal courts
George w bush administration
Guantanamo bay(Cuba)
Habeas corpus
Habeas petitions
Hamdan v rumsfeld
Hamdi v rumsfeld
Legal cases
Legal process misuse
Prisoners of war
Public opinion
Rasul v bush
Supreme court decisions
Us district courts

Source Agency Non Paid ADAS
NTIS Subject Category 92C - Social Concerns
92D - Education, Law, & Humanities
74G - Military Operations, Strategy, & Tactics
Corporate Author Fletcher School of Law and Diplomacy, Medford, MA.
Document Type Technical report
Title Note Research paper.
NTIS Issue Number 1412
Contract Number N/A

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