Lawfare: a decisive element of 21st-century conflicts?

Joint Force Quarterly, July, 2009 by Charles Dunlap, J., Jr.

(3) Charles J. Dunlap, Jr., "Lawfare Today," Yale Journal of International Affairs (Winter 2008), 146, available at <www.nimj.org/documents/Lawfare Today.pdf>.

(4) Carl von Clausewitz, On War, ed. and trans. Michael Howard and Peter Paret (Princeton: Princeton University Press, 1989).

(5) Ibid.

(6) W. Michael Reisman and Chris T. Antoniou, The Laws of War: A Comprehensive Collection of Primary Documents on International Laws Governing Armed Conflict (New York: Vintage Books, 1994), xxiv. Emphasis added.

(7) William George Eckhardt, "Lawyering for Uncle Sam When He Draws His Sword," Chicago Journal of International Law 431 (2003), 4.

(8) George F. Will, "Litigation Nation," The Washington Post, January 11, 2009, B7.

(9) Field Manual 3-24, Counterinsurgency (Washington, DC: Headquarters Department of the Army, December 15, 2006).

(10) Michael Gordon, "In Baghdad, Justice Behind the Barricades," The New York Times, July 20, 2007, available at <www.nytimes.com/2007/07/30/world/ middleeast/30military.html?ref=world>.

(11) See John J. Lumpkin, "Military Buys Exclusive Rights to Space Imaging's Pictures of Afghanistan War Zone," October 15, 2001, available at .

(12) Rowan Scarborough, "Pentagon Notebook," The Washington Times, June 26, 2008, available at <www.washtimes.com/news/2008/jun/26/pentagonnote book-mcpeak-calls-mccain-too-fat/?page=2>.

(13) Sami Yousafzai and Mark Hosenball, "Predators on the Hunt in Pakistan," Newsweek, February 9, 2009, 85.

(14) Reisman and Antoniou.

(15) "U.S. Coalition Airstrikes Kill, Wound Civilians in Southern Afghanistan, Official Says," International Herald Tribune, June 30, 2007, available at <www.iht.com/articles/ap/2007/06/30/asia/ASGEN-Afghan-Violence.php>.

(16) Pamela Constable, "NATO Hopes to Undercut Taliban with Surge of Projects," The Washington Post, September 27, 2008, A12.

(17) "Inside U.S. Hub for Air Strikes," November 29, 2008, available at <http://news.bbc.co.uk/2/hi/ south_asia/7755969.stm>.

(18) Jason Stratziuso, "Official: Taliban Tricking the U.S. into Killing Civilians," November 8, 2008, available at <www.azcentral.com/arizonarepublic/ news/articles/2008/11/08/20081108afghanistan1108. html>.

(19) As quoted by Josh White, "The Man on Both Sides of Air War Debate," The Washington Post, February 13, 2008, A5.

(20) Jaap de Hoop Scheffer, "Afghanistan: We Can Do Better," The Washington Post, January 18, 2009, B7.

(21) Steven Erlanger, "A Gaza War Full of Traps and Trickery," The New York Times, January 11, 2009, available at <www.nytimes.com/2009/01/11/world/ middleeast/11hamas.html>.

(22) Barbara Opall-Rome, "Israelis Document Everything to Justify Strikes," Defense News, January 12, 2009, 8.

(23) Anthony H. Cordesman, The "Gaza War": A Strategic Analysis (Washington, DC: Center for Strategic and International Studies, February 2009), 17, available at <www.csis.org/media/csis/ pubs/090202_gaza_war.pdf>.

(24) Opall-Rome.

(25) Cordesman, ii.

(26) Thomas Darnstadt and Christopher Schult, "Did Israel Commit War Crimes in Gaza?" Der Spiegel, January 26, 2009, available at <www.spiegel. de/international/world/0,1518,603508,00.html>.

(27) Ibid.

(28) Nathanial Burney, International Law (2007), available at <www.burneylawfirm.com/international_ law_primer.htm#lawfare>.

(29) Victor Davis Hanson, Carnage and Culture: Landmark Battles in the Rise of Western Power (New York: Doubleday, 2001), 450-451.

(30) Caleb Carr, The Lessons of Terror (New York: Random House, 2002), 11.

(31) Department of Defense, "DOD News Briefing with Assistant Secretary Casscells from the Pentagon," May 4, 2007, available at <www.defenselink. mil/transcripts/transcript.aspx?transcriptid=3958>.

(32) See William Thomas Allison, Military Justice in Vietnam: The Rule of Law in American War (Lawrence: University of Kansas Press, 2007), 92.