Jump to ContentJump to Main Navigation
Complex BattlespacesThe Law of Armed Conflict and the Dynamics of Modern Warfare$
Users without a subscription are not able to see the full content.

Winston S. Williams and Christopher M. Ford

Print publication date: 2019

Print ISBN-13: 9780190915360

Published to Oxford Scholarship Online: December 2018

DOI: 10.1093/oso/9780190915360.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

Hybrid Warfare, Law, and the Fulda Gap

Hybrid Warfare, Law, and the Fulda Gap

Chapter:
(p.161) 6 Hybrid Warfare, Law, and the Fulda Gap
Source:
Complex Battlespaces
Author(s):

Aurel Sari

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190915360.003.0006

The law constitutes an integral and critical element of hybrid warfare. Law conditions how we conceive of and conduct war. By drawing a line between war and peace and between permissible and impermissible uses of force, the international legal framework governing warfare stabilizes mutual expectations among the warring parties as to their future behavior on the battlefield. Hybrid adversaries exploit this stabilizing function of the law in order to gain a military advantage over their opponents. They do so by failing to meet the relevant normative expectations, by using a range of means, including noncompliance with the applicable rules, by instrumentalizing legal thresholds, and by taking advantage of the structural weaknesses of the international legal order, while counting upon the continued adherence of their opponents to these expectations. The overall aim of hybrid adversaries is to create and maintain an asymmetrical legal environment that favors their own operations and disadvantages those of their opponents. This poses two principal challenges, one specific and one systemic in nature. Law is a domain of warfare. Nations facing hybrid threats should therefore prepare to contest this domain and strengthen their national and collective means to do so. At the same time, the instrumentalization of law poses profound challenges to the post–Second World War international legal order. Nations committed to that order cannot afford to respond to hybrid threats by adopting the same means and methods as their hybrid adversaries without contributing to its decay.

Keywords:   hybrid warfare, hybrid warfare theory, international law, law of armed conflict, hybrid adversary, hybrid threat, irregular warfare

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .