Abstract
Lawfare aims at using the law and legal systems to hurt or discredit opponents or stop them from reaching their political goals. It is seen that the rule of law has been used to shape the future course of the war as an alternative to traditional military means. Regimes worldwide have started using the law to constrain behaviour, contest circumstances, confuse legal precedents, and gain an advantage. In this paper, the author looks at how China uses “lawfare” in its own country, worldwide and lessons for India.
Introduction
While the world focused on the conflict between Ukraine and Russia, China and Solomon Island signed an inter-governmental security pact1 which has been raising concerns regarding the rule-based order2 in the Indo-Pacific region. China, as a rising power, is undoubtedly becoming a significant adversary to various countries bordering it, including India; its growth aims at unipolar Asia, which is causing enormous uncertainty in the region.
Due to this, it becomes important to understand the multipolar distribution of power in the region since the Indo-Pacific is becoming a site for political contestation and the rise of ‘lawfare’. It is seen that in order to contest for leadership, China has been active on the front to demonstrate, influence, and ideate with different nations. It is actively setting rules and terms of compliance for it through a set of carefully crafted strategies of ‘lawfare’.
This paper seeks to examine the theoretical underpinnings of lawfare, its internal dimension that influences China’s domestic policy, and its external dimension that has a bearing on China’s strategic and international standing, and finally how China uses lawfare to intimidate other nations and what the world can learn from it.
Read the Full Paper
1 comment