When the World Watches: Lawfare, State Power, and the Shifting Legitimacy of International Justice

Abstract

The strategic use of legal proceedings as instruments of statecraft—a phenomenon increasingly termed "lawfare"—has fundamentally altered the landscape of international justice. This article examines how states and non-state actors deploy legal mechanisms not merely to resolve disputes but to project power, shape narratives, and achieve geopolitical objectives. It traces the evolution of lawfare from its origins in military strategy to its current manifestation in international courts and tribunals, analyzing how these practices both challenge and reinforce the legitimacy of the international legal order. Drawing on case studies from the International Court of Justice, the International Criminal Court, and contemporary geopolitical conflicts, this article argues that lawfare represents a double-edged phenomenon: while it can empower weaker states and advance accountability, its instrumentalization risks eroding the normative foundations upon which international justice depends. The article concludes that the legitimacy of international justice in an era of lawfare hinges on the preservation of credibility, procedural integrity, and the perceived impartiality of judicial institutions.
Introduction