The Practices of Hybrid Threats in the Legal Domain: A Typology of Lawfare Practices

Abstract

The ever-changing character of conflicts has blurred the line between peace and war and added hybrid dimensions to the conflicts. Hybrid threats have become a concept that deeply affects conflict and security studies, as well as pointing to the character of today’s conflicts. When the term “lawfare” is used within the scope of hybrid threats, it refers to much more than just legal claims. However, it continues to exist as a subject that is not fully conceptualized and understood as there is not enough work on this subject. This study, first, discusses the theoretical background of hybrid threats and lawfare and then introduces the typological features of lawfare, which will contribute to a better understanding and conceptualization of the subject. In this regard, 20 independent cases in which law has been used as a tool of conflict are analysed in terms of actor, law type and hybridity, and then based on the similarities and differences between hybrid threats and non-hybrid threats cases, a typology has been worked out with a view to the better conceptualization of the subject.

Keywords

• hybrid threats
• hybrid warfare
• legal domain
• lawfare
• typology