Table of Contents

CONTENTS

Foreword by R. James Woolsey, Jr.
Chairman of the Foundation for Defense of Democracies, Former Director of Central Intelligence

Acknowledgments

Chapter One: A Conceptual Overview of Lawfare's Meaning, Variety, and Power

Chapter Two: Lawfare Waged by U.S. Private Sector and Non-Governmental Organization Attorneys

Chapter Three: The U.S. Government's Financial Lawfare Against Iran

Chapter Four: The Chinese Government Adopts and Implements a Lawfare Strategy

Chapter Five: The Palestinian Authority Wages Lawfare Against Israel

Chapter Six: Palestinian NGOs and their Allies Wage Lawfare Against Israel

Chapter Seven: Hamas Wages Battlefield Lawfare Against Israel

Chapter Eight: Israel Wages Lawfare

Conclusion

Index

About the Author

Orde F. Kittrie is a tenured Professor of Law at Arizona State University's Sandra Day O'Connor College of Law, and director of its Washington, DC Semester Program. He is also a Senior Fellow at the Foundation for Defense of Democracies, a nonpartisan Washington, DC think tank. A renowned expert on lawfare, nonproliferation, the Middle East, and international security law, he served in the U.S. Department of State for over a decade in several key
legal and policy positions, including as lead attorney for nuclear affairs, lead attorney for strategic trade controls, director of the Office of International Anti-Crime Programs, and special assistant to the Under
Secretary for Economic and Business Affairs. He has frequently testified before Congress, and twice served on National Academy of Sciences committees. He is the recipient of a university-wide annual award honoring outstanding teaching, and previously served as President of the Hispanic National Bar Association Southwest Region.

Reviews

"Lawfare...provides a fascinating analysis of how the vacuum caused by the lack of a sheriff is playing out today in the international legal arena...[T]he book provides numerous, painstakingly documented examples of how, in recent decades, both other governments and non-state actors have increasingly altered and deployed law both to augment their own power and constrain that of the U.S. and its allies...[W]hile Lawfare does an outstanding job of diagnosing the
role of law in the international arena, its greatest strength lies in its proposed antidotes - its balanced and practical recommendations for how the U.S. and its allies should respond. U.S. and allied
policymakers and lawyers should read this important book and heed its call to action." -R. James Woolsey, Jr., Chairman of the Foundation for Defense of Democracies, Former Director of Central Intelligence (From the Foreword)
"Orde Kittrie has written a fascinating and thought-provoking analysis of lawfare - the use of law as a substitute for armed force to accomplish international security objectives. Among the book's many strengths are its meticulously researched yet highly readable case studies exploring the cutting-edge sophistication and intensity of lawfare in the Israeli-Palestinian conflict...This book will be valuable to both national security practitioners, who will
benefit from its rigorous analysis of this increasingly powerful weapon, and attorneys, who will be fascinated and inspired to see law used to such creative and powerful effect in the international arena."
-Joseph I. Lieberman, Former U.S. Senator, Vice Presidential Nominee, Attorney General of Connecticut
"Orde Kittrie has written a practical, thoughtful, and balanced description of lawfare. This fascinating book will be inspiring to attorneys, valuable to national security practitioners, and read with great interest across the political spectrum." -Evan Bayh, Partner and Former U.S. Senator and Governor of Indiana,
"With this seminal volume, Orde Kittrie opens a novel and exciting branch of scholarship and international practice. Alongside conventional tools -- diplomacy, economic sanctions, covert action, and kinetic warfare -- lawfare can now take its proper place both for offense and defense in the realm of international combat. The United States excels at deploying conventional tools, but it is far behind the curve in applying lawfare. Kittrie not only spells out the
possibilities but also sounds a much needed wake-up call." -Gary Clyde Hufbauer, Reginald Jones Senior Fellow, Peterson Institute for International Economics, and Former Deputy Assistant Secretary of
the Treasury
"In the first comprehensive study of 'lawfare,' Orde Kittrie very ably analyzes how terrorists and insurgents around the world now use legal procedures and allegations of legal violations to hobble nations committed to the rule of law. While lawfare is generally an asymmetric threat--a tactic of conflict that is more effectively employed against developed nations than by them--Kittrie also describes emerging ways in which private parties have employed civil
litigation to undermine terrorist organizations and their sponsors. This thorough volume is mandatory reading for scholars and policy makers in the field of counter terrorism." -Gregory E. Maggs,
Professor of Law, The George Washington University Law School, and Colonel, Judge Advocate, U.S. Army Reserve
"Law has become an important weapon in the strategic arsenal. In this remarkable book, Orde Kittrie gives us the first comprehensive examination of the techniques, promises, and perils of 'lawfare.' I believe Kittrie's book will long remain the best such examination of lawfare, for it unites a scholarly meticulousness with a pragmatic flair for policy proposals. This fine book is lucid and systematic, rich with valuable and pragmatic proposals. It will become
a vade mecum, a manual kept close at hand, for a new generation of officials who must cope with the rise of market states-those decentralized . . . networked post-industrial states that are at present
emerging-and with the vulnerabilities that come with this development." -Philip C. Bobbitt, Herbert Wechsler Professor of Jurisprudence and Director of the Center for National Security, Columbia Law School
"Provides a comprehensive introduction to a weapon whose very existence will be a surprise to many...Kittrie makes the book's focus tangible in fascinating examples...Kittrie's cogent analyses address a topic that will garner more attention in coming years." -Publishers Weekly (starred review)
"Lawfare is a must read and belongs in the library of strategic thinkers, in and out of the government!"-The Strategy Bridge
"Lawfare deserves a prominent place on bookshelves at the State Department and the Pentagon, as well as ministries of defense and foreign affairs across the globe. I suspect that it is already being read with great interest in places like Tehran and Beijing, which is all the more reason that American lawmakers and policymakers should absorb and apply its lessons as swiftly as possible." -David Adesnik, The Weekly Standard