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RECENT ARTICLES

How Islamist Lawfare tactics target free speech
April 29, 2009
Brooke Goldstein, Aaron Eitan Meyer

Are American authors who write about terrorism and its sources of financing safe? Are counter-terrorist advisors to the New York City Police department safe? Are U.S. congressmen safe when they report terrorist front groups to the FBI and CIA? Are cartoonists who parody Mohammad safe from arrest? Must...

Jihad of the Word
April 06, 2009
David Solway

According to Syrian revolutionary thinker Said Hawwa in his influential book Min Ajl Khutwa (English: For the Sake of a Step), jihad may come in three flavors: by heart, by word, and by hand, a tripartite distinction derived from the hadith literature. The jihad of the heart is an ambiguous formulation:...

Reality checks: Obama's unreal initiatives meet the real world
April 06, 2009
Frank Gaffney, Jr.

Two images last week contrasted sharply with President and Mrs. Obamas’ otherwise adulatory treatment in Europe and Turkey. The images show how out of touch with reality Team Obama is on two of the most important national security threats of our time: 1) the totalitarian theo-political-legal program...

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Lawfare

Lawfare can generally be defined as a strategy employed to debilitate and defeat the United States through the manipulation of international and domestic legal fora, opinion and processes. Lawfare's effectiveness lies in the fact that ours is a country so strongly committed to the rule of law that it will often bend over backward to appease charges of illegality - however specious - to the detriment of its own interests. This arrangement is recognized, appreciated, and most importantly actively encouraged by adversaries of American power.

Lawfare is often buttressed by demands that the U.S. abide by so-called legal norms, both domestic and international. These "standards," however, are often artificially created by nothing more than the policy pronouncements of politicians, NGOs and/or the U.N. General Assembly. But because champions of American interests too often ignore rather than challenge their assertions, otherwise legally insupportable, politically charged policy declarations are coming to define the parameters of legal thought in the minds of America's citizens.

By using legal-norms arguments to shape public opinion, pressure is indirectly applied on policymakers to adopt practices inimical to the Nation's security.