The Growing Role of the International Court of Justice as a Field of Lawfare: Perils and Prospects


Uraz O.

ATHENA CRITICAL INQUIRIES IN LAW, PHILOSOPHY AND GLOBALIZATION , vol.5, no.1, pp.56-113, 2025 (Peer-Reviewed Journal)

  • Publication Type: Article / Article
  • Volume: 5 Issue: 1
  • Publication Date: 2025
  • Journal Name: ATHENA CRITICAL INQUIRIES IN LAW, PHILOSOPHY AND GLOBALIZATION
  • Journal Indexes: EBSCO Legal Collection, HeinOnline-Law Journal Library, Directory of Open Access Journals
  • Page Numbers: pp.56-113
  • Hacettepe University Affiliated: Yes

Abstract

ation  
of  
All  
Forms  
of  
Racial  

  
Discrimination and  
the  
Convention   
PrevThe International Court of Justice (ICJ) has seen a sharp rise in cases, reflecting both increased reliance on judicial mechanisms and a strategic shift in how states use the Court. While some cases solely aim to resolve legal disputes, particularly in territorial and immunity matters, others-especially those involving politically charged conflicts-suggest a broader function. In such cases, litigation serves as a tool for shaping international narratives, exerting diplomatic pressure, and reinforcing legal norms rather than achieving a definitive legal resolution. This article examines the ICJ's evolving role as a forum for lawfare, where legal proceedings utilized to advance political, moral, or diplomatic goals. It assesses whether this instrumentalization aligns with the ICJ's foundational purpose or necessitates a reassessment of its role in international dispute settlement framework. The article, after analysing the definitional discussion on lawfare and tracing its evolution from military strategy to broader international law applications, explores how the ICJ has become a battleground for lawfare, particularly in disputes under the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Prevention and Punishment of the Crime of Genocide. Next, it weighs benefits and risks of such a utilization, contrasting views on normreinforcement with concerns over politicization. The article concludes by examining how differing concepThe International Court of Justice (ICJ) has seen a sharp rise in cases, reflecting both increased reliance on judicial mechanisms and a strategic shift in how states use the Court. While some cases solely aim to resolve legal disputes, particularly in territorial and immunity matters, others-especially those involving politically charged conflicts-suggest a broader function. In such cases, litigation serves as a tool for shaping international narratives, exerting diplomatic pressure, and reinforcing legal norms rather than achieving a definitive legal resolution. This article examines the ICJ's evolving role as a forum for lawfare, where legal proceedings utilized to advance political, moral, or diplomatic goals. It assesses whether this instrumentalization aligns with the ICJ's foundational purpose or necessitates a reassessment of its role in international dispute settlement framework. The article, after analysing the definitional discussion on lawfare and tracing its evolution from military strategy to broader international law applications, explores how the ICJ has become a battleground for lawfare, particularly in disputes under the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Prevention and Punishment of the Crime of Genocide. Next, it weighs benefits and risks of such a utilization, contrasting views on normreinforcement with concerns over politicization. The article concludes by examining how differing conceptions of the ICJ's function may shape perspectives on lawfare's impact on the ICJ's legitimacy and role in global governance.tions of the ICJ's function may shape perspectives on lawfare's impact on the ICJ's legitimacy and role in global governance.ention  
and  
Punishment  
of  
the  
Crime  
of  
Genocide.  
Next,  

it  
weighs  
benefits  
and  
risks  
of  
such  
a  
utilization,  
contrasting  
views  
on  
normreinforcement  
with  
concerns  

over  
politicization.  
The  
article  
concludes  
by  
examining  
how  
differing  
conceptions  
of  
the  
ICJ's  
function  

may  
shape  
perspectives  
on  
lawfare's  
impact  
on  
the  
ICJ's  
legitimacy  
and  
role  
in  
global  
governance.  
ation  
of  
All  
Forms  
of  
Racial  

Discrimination  
and  
the  
Convention   
PrevThe International Court of Justice (ICJ) has seen a sharp rise in cases, reflecting both increased reliance on judicial mechanisms and a strategic shift in how states use the Court. While some cases solely aim to resolve legal disputes, particularly in territorial and immunity matters, others-especially those involving politically charged conflicts-suggest a broader function. In such cases, litigation serves as a tool for shaping international narratives, exerting diplomatic pressure, and reinforcing legal norms rather than achieving a definitive legal resolution. This article examines the ICJ's evolving role as a forum for lawfare, where legal proceedings utilized to advance political, moral, or diplomatic goals. It assesses whether this instrumentalization aligns with the ICJ's foundational purpose or necessitates a reassessment of its role in international dispute settlement framework. The article, after analysing the definitional discussion on lawfare and tracing its evolution from military strategy to broader international law applications, explores how the ICJ has become a battleground for lawfare, particularly in disputes under the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Prevention and Punishment of the Crime of Genocide. Next, it weighs benefits and risks of such a utilization, contrasting views on normreinforcement with concerns over politicization. The article concludes by examining how differing concepThe International Court of Justice (ICJ) has seen a sharp rise in cases, reflecting both increased reliance on judicial mechanisms and a strategic shift in how states use the Court. While some cases solely aim to resolve legal disputes, particularly in territorial and immunity matters, others-especially those involving politically charged conflicts-suggest a broader function. In such cases, litigation serves as a tool for shaping international narratives, exerting diplomatic pressure, and reinforcing legal norms rather than achieving a definitive legal resolution. This article examines the ICJ's evolving role as a forum for lawfare, where legal proceedings utilized to advance political, moral, or diplomatic goals. It assesses whether this instrumentalization aligns with the ICJ's foundational purpose or necessitates a reassessment of its role in international dispute settlement framework. The article, after analysing the definitional discussion on lawfare and tracing its evolution from military strategy to broader international law applications, explores how the ICJ has become a battleground for lawfare, particularly in disputes under the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Prevention and Punishment of the Crime of Genocide. Next, it weighs benefits and risks of such a utilization, contrasting views on normreinforcement with concerns over politicization. The article concludes by examining how differing conceptions of the ICJ's function may shape perspectives on lawfare's impact on the ICJ's legitimacy and role in global governance.tions of the ICJ's function may shape perspectives on lawfare's impact on the ICJ's legitimacy and role in global governance.ention  
and  
Punishment  
of  
the  
Crime  
of  
Genocide.  
Next,  

it  
weighs  
benefits  
and  
risks  
of  
such  
a  
utilization,  
contrasting  
views  
on  
normreinforcement  
with  
concerns  

over  
politicization.  
The  
article  
concludes  
by  
examining  
how  
differing  
conceptions  
of  
the  
ICJ's  
function  

may  
shape  
perspectives  
on  
lawfare's  
impact  
on  
the  
ICJ's  
legitimacy  
and  
role  
in  
global  
governance.