ABSTRACT

Lawfare or legal warfare, a concept and word created via two words, Law and warfare, has been developed as a component of the hybrid war and as a way of making war and developing military actions with purposes of reaching military and strategic targets in itself. Positive and negative lawfare, offensive and defensive lawfare, legitimate and illegitimate warfare as well as the uses and abuses of the term are thoroughly analysed here in order to avoid confusion and excess and to have a balanced and useful definition of the term. Being an international legal mechanism, the concerns of Lawfare Project group went that way too, discussing with concern the capacity of International Criminal Court (ICC) to become tool of lawfare of third parties against US. Lawfare is use of law and judicial processes as instrument of warfare, as strategy of using law instead of military actions or as complementary instrument to traditional military actions in order to achieve military objectives.