Lawfare: A war Worth Fighting (Symposium: Lawfare‪)‬

Good morning. It is a great honor to be at Case Western Reserve University School of Law to discuss the topic of lawfare. I have titled my speech, "Lawfare: A War Worth Fighting," because I firmly believe that lawfare exists and is used every day by both those seeking to achieve legitimate ends and those seeking to achieve illegitimate ends. Lawfare is a war worth fighting; failing to fight lawfare could seriously jeopardize your client's interests, and, more importantly, it could jeopardize your ability to help bring an end to a violent conflict or prosecute those responsible for crimes committed during a conflict. I often remind my clients involved in peace negotiations that the gains achieved on the battlefield and the gains achieved at the negotiating table--as they fight for peace--can in fact be lost in the fine print of peace agreements, U.N. Security Council resolutions, and decisions of international tribunals. Just as it is the job of the national army to fight for the territorial integrity of the state, the job of rebels to fight for legitimate self-determination, and the job of peace delegates to fight for a lasting peace at the table, it is certainly the job of lawyers to engage in both defensive and offensive lawfare to protect the interest of their clients.