Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.

For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics

For more than fifty years, the United States supported the Colombian military in a war that cost over 200,000 lives. During a single period of heightened U.S. assistance known as Plan Colombia, the Colombian military killed more than 5,000 civilians. In Plan Colombia John Lindsay-Poland narrates a 2005 massacre in the San José de Apartadó Peace Community and the subsequent investigation, official cover-up, and response from the international community. He examines how the multibillion-dollar U.S. military aid and official indifference contributed to the Colombian military's atrocities. Drawing on his human rights activism and interviews with military officers, community members, and human rights defenders, Lindsay-Poland describes grassroots initiatives in Colombia and the United States that resisted militarized policy and created alternatives to war. Although they had few resources, these initiatives offered models for constructing just and peaceful relationships between the United States and other nations. Yet, despite the civilian death toll and documented atrocities, Washington, DC, considered Plan Colombia's counterinsurgency campaign to be so successful that it became the dominant blueprint for U.S. military intervention around the world.

This book advances ongoing debates on democratic backsliding and autocratization with specific reference to Africa. It offers a carefully developed theoretical framework and, unlike many previous studies, adds an international dimension to the analyses of autocratization processes on the continent.

This volume's contributors offer a new critical language through which to explore and assess the historical, juridical, geopolitical, and cultural dimensions of drone technology and warfare. They show how drones generate particular ways of visualizing the spaces and targets of war while acting as tools to exercise state power. Essays include discussions of the legal justifications of extrajudicial killings and how US drone strikes in the Horn of Africa impact life on the ground, as well as a personal narrative of a former drone operator. The contributors also explore drone warfare in relation to sovereignty, governance, and social difference; provide accounts of the relationships between drone technologies and modes of perception and mediation; and theorize drones’ relation to biopolitics, robotics, automation, and art. Interdisciplinary and timely, Life in the Age of Drone Warfare extends the critical study of drones while expanding the public discussion of one of our era's most ubiquitous instruments of war. Contributors. Peter Asaro, Brandon Wayne Bryant, Katherine Chandler, Jordan Crandall, Ricardo Dominguez, Derek Gregory, Inderpal Grewal, Lisa Hajjar, Caren Kaplan, Andrea Miller, Anjali Nath, Jeremy Packer, Lisa Parks, Joshua Reeves, Thomas Stubblefield, Madiha Tahir

Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on ‘no platforming’ by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.

During the British Mandate for Palestine (1922–1948), Arabs and Jews repeatedly used the law to gain leverage and influence international opinion, especially in three dramatic and largely forgotten trials involving two issues: the interplay between conflicting British promises to the Arabs and Jews during World War I, and the parties’ rights and claims to the Wailing Wall. Focusing on how all three parties – Arab, Jewish, and British – used the law and the legal process to advance their objectives during the Mandate years, this volume reveals how the parties availed themselves – with varying degrees of success – of the law and the legal process. The book examines various legal arguments they proffered, and how that early tendency to resort to the law as a tool, a resource, and a weapon in the conflict has continued to this day. The research relies almost entirely on primary source documents, including transcripts of the public and secret testimony before the Shaw, Lofgren, and Peel Commissions, diaries, letters, government files, and other original sources. This study explores the origins of many of the fundamental legal arguments in the Arab–Israeli conflict that prevail to this day. Filling a gap in research, this is a key text for scholars and students interested in the Arab–Israeli conflict, Lawfare, and the Middle East.

This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.

Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence – portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states. Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New World Order that engineers ‘human beings to become nonhumans’ while ‘nonhumans become humans’. Connecting discourses on decoloniality with jurisprudence in the areas of family law, environment, indigenisation, property, migration, constitutionalism, employment and labour law, commercial law and Ubuntu, the book also juggles with emergent issues around Earth Jurisprudence, ecocentrism, wild law, rights of nature, Earth Court and Earth Tribunal. Arguing for decoloniality that attends to global jurisprudential apartheid., this tome is handy for legal scholars and practitioners, social scientists, civil society organisations, policy makers and researchers interested in transformation, decoloniality and Pan-Africanism.

Analyzing the political consequences of the most extensive corruption investigation in recent Latin American history, Operação Lava-Jato, Media Leaks and Corruption in Brazil answers two central questions about the contradictory effects news media has on political systems. First, how can political actors in a seemingly well-functioning democracy quickly override checks and balances, and replace a head of state with a corrupt vice-president? Second, how can very active news media, while ostensibly performing the role of the watchdog, still fail to deliver media accountability to the public? Combining a quantitative view of the media sphere with case studies of the leaks, legal actions, and alliances forming and breaking in the Brazilian Congress, Mads Bjelke Damgaard demonstrates that the media’s attention to leaks and investigations of corruption paved the way for Dilma Rousseff’s impeachment. By timing the disclosure of information in scandals, actors with inside information were able to drive the media agenda and let some scandals escape from the limelight. The book delivers an in-depth study of how scandals become political weapons in a time of media personalities and post-politics. This book will interest scholars of Latin American Studies, and Brazil, and the broader fields of media studies, democracy studies, and journalism studies.