Terence Check (Cleveland State University College of Law) and Spencer Fisher (U.S. Department of Homeland Security) have posted Legal Warfare in an Age of Hybrid Conflict: The Need for “Legal Intelligence” (Journal of National Security Law & Policy, Vol. 17, forthcoming 2027) on SSRN. Here is the abstract:
This article develops a new conceptual framework of “hybrid lawfare” to explain how adversaries exploit legal systems as a core vector of hybrid conflict, with particular emphasis on cybersecurity and critical infrastructure. Existing notions of “lawfare” (focused on constraining or shaping kinetic military operations) and “hybrid warfare” (combining conventional, irregular, cyber, and informational tools) by themselves do not fully enable legal analysis of contemporary, below-threshold competition. In this grey zone, legal regimes themselves become a battlespace, especially in democratic systems constrained by rule-of-law norms, legal loopholes, and public-private dependencies for national preparedness and cyber resilience.
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