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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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Israeli Offensive Lawfare

Israeli Offensive Lawfare

(p.311) Chapter 8 Israeli Offensive Lawfare

Orde F. Kittrie

Oxford University Press

The Israeli government has rarely, if ever, been at the forefront of an offensive lawfare deployment. However, Israeli officials have sometimes quietly (but on the public record) provided information to private sector litigators and U.S. prosecutors waging offensive lawfare against Israel’s adversaries. This chapter addresses three examples. The first two involve a private sector litigator, Shurat HaDin, and illustrate the potential and pitfalls of public-private sector collaboration. Section I addresses a successful collaboration between the Israeli government and Shurat HaDin to prevent a Gaza-bound flotilla from leaving Greece. Section II describes a disastrous collaboration on litigation against Bank of China. Section III addresses Israel’s use of kinetic warfare to seize documents which it then provided to public and private attorneys for deployment in lawfare litigation in the United States. Section IV addresses lessons learned and the future of Israeli offensive lawfare.

Keywords:   Israel, lawfare, Shurat HaDin, litigation, flotilla, Gaza, China

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