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108 Cornell L. Rev. Online 1 (2022-2023)

handle is hein.journals/clro108 and id is 1 raw text is: 








  AN  ALTERNATIVE TO ZOMBIEING: LAWFARE
  BETWEEN RUSSIA AND UKRAINE AND THE
         FUTURE OF INTERNATIONAL LAW

                       Jill Goldenzielt


        Lawfare, the purposeful use of law as a weapon of war,
    has been an integral feature of the Russia-Ukraine conflict.
    Russia has used lawfare to complicate Ukraine's response to
    its invasion of Crimea and the Donbas, most famously
    through use  of little green men to create plausible
    deniability for its military actions. Ukraine has launched a
    novel and highly public Lawfare Project, filing cases before
    the International Court of Justice, European Court of Human
    Rights, International Tribunals on the Law of the Sea, and
    the World Trade Organization, with an investigation by the
    International Criminal Court also underway. This lawfare
    strategy has bolstered the legitimacy of Ukraine's cause,
    delegitimized Putin, garnered Western support for the war,
    cost Russia billions, and helped keep China on the sidelines.
    Lawfare  between Russia  and  Ukraine has tremendous
    implications for the use of lawfare in armed conflict and the
    future of international law itself.

                        INTRODUCTION
    Lawfare, the purposeful use of law as a weapon of war, has
been  an  integral part of the Russia-Ukraine  conflict since
2014.  Russia has cloaked its justification for invading Ukraine
in the language  of domestic  and  international law.  While
invading Crimea  in 2014, it used little green men to create
legal ambiguity   and  complicate  Ukraine's  response.    In
response,  Ukraine   launched  a  Lawfare  Project  against
Russia.  Its strategy has involved lawsuits under both public
and  private international law. Since 2014, it has generated
landmark    legal   rulings   and   victories-including   an
International Court of Justice (ICJ) order for Russia to cease
hostilities, isolation of Russia in the World Trade Organization
(WTO), two victories in the International Tribunal for the Law


   t Professor, National Defense University-College of Information and
Cyberspace. Ph.D., A.M., Government, Harvard; J.D. NYU Law; A.B. Princeton.
Thank you to Eric Chang, Howard Clark, Harlan Grant Cohen, and Frank Nuno.
Errors are my own.


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