Lawfare: Law as a Weapon of War

Lawfare: Law as a Weapon of War, by Orde Kittrie, provides a fascinating analysis of how the vacuum caused by the lack of a sheriff is playing out today in the international legal arena. Many of the resulting phenomena are reminiscent of the Wild West. Lawfare describes foreign courts claiming “universal jurisdiction” over crimes allegedly committed by U.S. officials in third countries. It also details the International Criminal Court (ICC) claiming its own form of jurisdiction over U.S. officials notwithstanding the United States’ refusal to join the ICC.

In addition, decisions by such international organizations and tribunals as do exist are largely the result of popularity contests manifested by nonaligned movement bloc voting. Meanwhile, international laws are routinely violated by many governments and non-state actors. Many of the most egregious violators simultaneously seek to sit in judgment of others. For example, the U.N. Human Rights Council features many of the world’s worst human rights abusers—including the governments of China, Russia, and Saudi Arabia—hypocritically passing judgment on the human rights practices of governments with far better records.