Lawfare and the Definition of Aggression: What the Soviet Union and Russian Federation can Teach US (Symposium: Lawfare‪)‬

One might ask why the Soviet Union so adamantly promoted a definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Using treaties, the Soviet Union and Russian Federation practiced a program of lawfare long before the term became known. "Lawfare, " as used by the Soviet Union and Russian Federation, is the manipulation or exploitation of the international legal system to supplement military and political objectives legally, politically, and equally as important, through the use of propaganda. Lawfare was not the sole domain of the Soviet Union or the Russian Federation. What makes the Soviet Union and the Russian Federation stand out is their use of lawfare earlier and with a greater degree of consistent strategic implementation than others. They also continued to operate on a dual front, both legally in international bodies and through international law, and illegally or quasi-legally, when they manipulated the system to supplement their military agenda. With a consistent definition of aggression and aggressive war in place, a degree of predictability could be achieved in regard to future actions of other states and international bodies such as the United Nations. The Soviet Union proves the perfect case study to demonstrate the use of lawfare. The Council on Foreign Relations claimed lawfare was a "somewhat of a new phenomenon, the full effects of its application are yet unknown." (1) I argue that this is not a somewhat new phenomenon and has been practiced by the Soviet Union for decades. In order to preclude further actions, such as the ones demonstrated by the Soviet Union time and again, enforcement will be the key. Without solid enforcement mechanisms, this case study is only a demonstration of the weakness of the system. The lessons learned from the Soviet experience of the use of the definition of aggression as a form of lawfare should be considered by all as the discussions continue on the application and the execution of the definition. And, as for the concept of lawfare as applied through the use of the definition of aggression, one need only look to the Soviet Union to see the successful use of an old concept with a new name. I. INTRODUCTION