Why It is Important for the Kingdom of Saudi Arabia to have its own Lawfare Strategy

Hassan Aslam Shad

We live in a rapidly changing world, interconnected by a complex web of laws collectively known as international law. This body of law exists in various forms, governing relations between states with the underlying premise that it is a law between "equals," where "equals cannot be treated unequally." However, the reality is quite different. Some countries wield greater influence and play a larger role in shaping international law, often enjoying more leeway in lawmaking and compliance.

A key feature of the post-World War II era is the prohibition against the use of force by one state against another. To counter the inherent inequality in international law and to avoid the stigma associated with violating the principle on the prohibition on the use of force, countries have turned to gaining strategic space by "other means," a practice known as "lawfare." Through lawfare, states strategically use legal mechanisms to achieve their objectives, effectively engaging in conflict without resorting to traditional military force.

Put simply, lawfare is the strategic use of law as a weapon, where legal tools are wielded much like traditional arms, but with a focus on achieving objectives without the violence associated with warfare. The phrase "the pen is mightier than the sword" captures this essence perfectly, as it highlights how legal arguments, treaties, and international law can be more effective in advancing national interests than military force.

Instead of "killing a sparrow with a cannon"—or using excessive force for minor threats—lawfare emphasizes precision. It allows states to target specific issues, shape global norms, and secure advantages in the international arena through legal means. By weaponizing the law, countries can influence international relations, resolve disputes, and protect their interests strategically, often avoiding the costs and repercussions of armed conflict.

Lawfare refers to the strategic use of legal systems and principles to achieve military, economic, or political objectives. It involves the use of international law to influence policy, shape the global narrative, and protect national interests. As global power dynamics evolve, lawfare has become an essential tool for countries to secure their interests on the international stage, where legal battles often hold as much significance as traditional warfare.

Saudi Arabia stands at a crucial juncture in its history, marked by rapid economic progress and increased diplomatic engagement. With its Vision 2030 agenda, the Kingdom is ambitiously diversifying its economy, modernizing its infrastructure, and expanding its influence in the region and beyond. The Kingdom is now an envy of the world. However, with progress comes the inevitability of increased challenges. As Saudi Arabia's global footprint expands, so too will the scrutiny, legal challenges, and disputes it faces in various international arenas.

To navigate these challenges, it is important for Saudi Arabia to dovetail its diplomacy with a well-crafted lawfare strategy. This would not only provide a solid legal platform to defend its interests but also help solidify its economic and political positions globally. A defensive lawfare posture would allow Saudi Arabia to assess threats across multiple domains, be it trade, international disputes, or geopolitical conflicts. By proactively engaging in lawfare, the Kingdom can safeguard its achievements and ensure that its legal and diplomatic strategies are aligned.

International law is a powerful tool that can be used to shape global perceptions, set precedents, and protect national interests. For Saudi Arabia, lawfare also offers the opportunity to advance favorable interpretations of international law, particularly in areas such as trade, energy, and maritime rights. By strategically using legal arguments and participating actively in international legal institutions, Saudi Arabia can influence global norms and ensure that its perspectives are considered in international decision-making processes.

Moreover, lawfare can help Saudi Arabia avoid potential legal pitfalls by preparing to counter and, if necessary, initiate legal actions in response to international disputes. This proactive approach would provide a robust legal defense against any attempts to undermine the Kingdom's economic and political positions.

Countries like Pakistan, the United States, and China have already recognized the importance of lawfare and have made significant strides in this area. For Saudi Arabia, it is essential to follow suit by developing its first comprehensive lawfare strategy. Establishing a dedicated lawfare institute would be a critical step in this direction. This state-of-the-art institution could serve as a hub for legal research, training, and strategy development, equipping Saudi legal and diplomatic professionals with the tools they need to effectively engage in lawfare.

As Saudi Arabia continues to rise as a global power, the challenges it faces will undoubtedly increase. By integrating lawfare into its diplomatic and strategic framework, the Kingdom can protect its interests, shape international law to its advantage, and ensure that it remains resilient in the face of emerging global challenges. The time is ripe for Saudi Arabia to embrace lawfare as a key component of its national strategy, ensuring that its progress is safeguarded by a strong legal foundation.

Hassan Aslam Shad is an international lawyer based in Riyadh. He is a graduate of Harvard Law School, U.S.A., and the first person from the Muslim World chosen to intern with the President of the International Criminal Court, The Hague. Email: [email protected]

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