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Lawfare – hostile actions against the legal system of the state through activities in cyberspace

Milik Piotr

Cybersecurity and Law

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2024

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Vol. 11 (1)

105--119

EN

The article analyses important and current issues concerning the use of modern information technologies in hostile actions against the state in the international environment. First, the concept of lawfare was defined as a method of conducting information warfare. Then, the focus was on the potential manifestations of lawfare in cyberspace, indicating possible gaps in the state’s information security system and sensitive areas susceptible to methods of hostile shaping of the state’s legal system.

PL

Autor analizuje ważne i aktualne zagadnienia dotyczące wykorzystania nowoczesnych technologii informacyjnych we wrogich działaniach przeciwko państwu w środowisku międzynarodowym. W pierwszej kolejności zdefiniował pojęcie „lawfare” jako metodę prowadzenia wojny informacyjnej. Następnie skoncentrował się na jej potencjalnych przejawach w cyberprzestrzeni, wskazał możliwe luki w systemie bezpieczeństwa infor-macyjnego państwa i wrażliwe obszary, podatne na metody wrogiego kształtowania sys-temu prawnego państwa.

2

Defensive lawfare and deterrence: Analysis of Latvia’s approach to legal bases in the context of hybrid warfare (2014-2022)

Bodnieks Valerijs

Security and Defence Quarterly

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2023

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Vol. 42, No. 2

55--67

EN

Following the ‘hybrid form’ of Russian aggression in Ukraine that emerged in 2014, the period after February 24th, 2022 is referred to as the ‘new reality’. Hence, the question that needs to be addressed is how to deter and prevent Russian aggression of this kind. The national legal framework against the aggressor is a part of the deterrence policy and can be construed as defensive lawfare. Focusing on Latvia, the aim of the paper is to analyse defensive lawfare and deterrence in the context of hybrid warfare. The following research question has been identified: What is Latvia’s approach to establishing defensive lawfare in terms of hybrid warfare? For the empirical analysis, the chronological framework has been set from 2014 to 2022. To complete the empirical analysis of the present paper, both qualitative and quantitative research has been implemented comprising document analysis and semi-structured interviews, as well as content analysis, respectively. The improvement of a regulatory base and the development of deterrence, whilst using regulatory acts, is an element of deterrence and a way to act legally. The law can be used as a weapon. Lawfare, a concept with three definitions, has two forms: defensive a nd offensive. Latvia’s legal base includes a regulation to overcome hybrid threats and to implement a broad-spectrum of defence measures. Latvia’s regulatory framework is designed for defence purposes, whilst also being a way of promoting deterrence. Decision makers must be able to manoeuvre with the powers assigned to them.

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Lawfare as part of hybrid wars: The experience of Ukraine in conflict with Russian Federation

Tropin Zakhar

Security and Defence Quarterly

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2021

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Vol. 33, No. 1

15--29

EN

The main objective of the article is to prove the need for the state to have a centralised legal strategy to ensure the protection of state interests on an international level during a hybrid conflict. Centralisation of control and the planning and implementation of legal actions on an international level are core elements of such a strategy, especially for actions under the jurisdiction of international institutions. This article provides an analysis of treaties and of the practice of adjudication in Ukraine during the conflict with the Russian Federation. The findings of the study show that the legal dimension of hybrid conflict has some sub-levels: legal actions of states in hybrid conflicts taken at interstate level; the level of enterprises controlled by the state; and the private level. The practice of Ukraine shows that the exercising of a multilevel legal encounter during a hybrid war faces a number of problems including the intersection of actions (sometimes even direct conflict), even among authorities involved in the legal protection of state interests; and problems with collecting and analysing the information necessary to protect state interests in the legal dimension; state authorities that are not directly involved in a legal encounter may exercise actions which will complicate the legal position of the state. One of the first steps taken by the state in a hybrid conflict is, therefore, to create special authority or entrust an existing one with the coordination of the functions of lawfare. The next step of such an authority is the strategic "programming" of the opponent's legal actions with the aim of achieving an advantage in the legal dimension of a hybrid conflict.