Lawfare and Misuse of International Law

This course aims to acquaint students with how international law is used by states in the current system of international relations. Students will be offered an overview of the main problems of misuse of international law and possible approaches to their explanation. The participants of the class will discuss the latest challenges for international law, including but not limited to the following:

✔ the application and the added value of the concept of lawfare;

✔ the current trend to seek symbolic results of the application of international law instead of substantive results;

✔ the existence of international law in the era of post-truth and alternative facts;

✔ the fulfilment of international obligations in the post-shame era;

✔ weaponization of international organizations and instrumentalization of criminal tribunals;

✔ populism and its implications for international law.

The students will learn about debatable issues of application of international law through several case studies, including the cases of Palestine and Israel. The course offers a deep insight into the application of international law in the context of Russian aggression against Ukraine. In particular, we will discuss Russian lawfare from the historical perspective as well as analyze the cases brought by Russia and Ukraine before the ICJ and relevant political discussions around the respective legal issues.