Abuse of law on the twenty-first-century battlefield : a typology of lawfare
Soft war : the ethics of unarmed conflict
Cambridge [etc.] : Cambridge University Press, 2017
p. 119-133 : tabl.
If abuse of law robs law of what distinguishes it from a firefight, we may want to reserve the term lawfare as a synonym only for abuse of law. But what distinguishes the use of international law in war from its abuse? Before answering the question by proposing a definition and a typology of lawfare, Janina Dilll discusses several closely related ways of delineating the use from the abuse of international humanitarian law, which we encounter in the literature that denounces lawfare as the wrong way to use law. They all ultimately determine whether law is used or abused not based on the merit of the legal argument, but with regard to the perceived merit of the belligerent for or against whom the law is invoked.