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43 Case W. Res. J. Int'l L. 73 (2010-2011)
Lawfare or Strategic Communications

handle is hein.journals/cwrint43 and id is 79 raw text is: LAWFARE OR STRATEGIC COMMUNICATIONS?

Dr. Gregory P. Noone*
This essay attempts to trace the evolution of the term Lawfare.
Major General Dunlap inserted lawfare into our legal lexicon over a dec-
ade ago as a tool to communicate themes to military commanders. Howev-
er, since that time it has primarily taken two divergent paths. One as Dun-
lap intended-as a discussion of applying legal pressure on the other side of
a conflict, and the other as a derogatory term with an ideological goal. This
essay also addresses lawfare and its potential relationship to Strategic
Communications with an extensive discussion regarding this umbrella
term and all it encompasses. Finally, this essay poses the question of wheth-
er there is a legitimate versus illegitimate-or put another way-a legal
versus illegal-lawfare construct. Ultimately, lawfare provides for the use
and understanding of the law and especially the need to emphasize the
pragmatic utility of the law to military commanders in an ideologically neu-
tral way.
I. DUNLAP'S LAWFARE                              ......................................74
II. LAWFARE'S EVOLUTION                            ............................ 75
III. THE RULE OF LAW                            ........................................77
IV. STRATEGIC COMMUNICATIONS            .........................  .....79
V. ARE THERE LEGITIMATE / LEGAL AND ILLEGITIMATE / ILLEGAL FORMS
OF LAWFARE? ...........................8.3..........83
VI. CONCLUSION             ......................................  ......85
. Dr. Gregory P. Noone is the Director of the National Security and Intelligence Program
at Fairmont State University and an Assistant Professor of Political Science and Law. Dr.
Noone is a Captain in the Judge Advocate General's Corps, United States Naval Reserve and
the Commanding Officer of the NR International and Operational Law unit. Dr. Noone has a
B.A. in Political Science from Villanova University, an M.A. in International Affairs from
The Catholic University of America, a J.D. from Suffolk University Law School, and a Ph.D.
in Political Science (International Relations) from West Virginia University. He is also a
graduate of the Canadian Forces College's Joint Command and Staff Programme. The views
expressed in this article are those of the author and do not necessarily reflect the views of the
United States Government, the Department of Defense, the United States Navy, or any other
governmental or nongovernmental entity. All information obtained for this article was ga-
thered through open sources. Dr. Noone would like to thank John J. Luke for his assistance
with the Strategic Communications section. Dr. Noone would also like to thank David R.
Kocan, David O'Brien, and James A. Wikle for their invaluable assistance although any
errors are the sole responsibility of the author. This article was edited by Dr. Diana C.
Noone.

73

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