China’s strategic use of law, termed “legal warfare” or “lawfare,” poses a significant threat to the United States, its allies, and the existing international order. This strategy involves leveraging legal frameworks and international institutions to advance China’s geopolitical interests, often at the expense of other nations’ sovereignty and established international norms. China’s “Legal Great Wall,” a collection of domestic laws, serves as the foundation of this lawfare strategy. These laws, ostensibly designed for national security, are employed to justify actions ranging from maritime expansion in the South China Sea to suppressing dissent at home and abroad. The expansive nature of these laws allows China to control data flow, influence international businesses operating within its borders, and even exert pressure on litigation within U.S. courts. This multifaceted approach underscores the comprehensive nature of China’s legal warfare, blending domestic legal instruments with international legal maneuvering to achieve strategic aims.
The U.S. Department of Defense (DoD) has acknowledged the growing threat posed by China’s lawfare, recognizing its integration into the broader Military-Civil Fusion strategy. This strategy blurs the lines between civilian and military realms, enabling China to mobilize all facets of national power, including legal mechanisms, to advance its objectives. This is exemplified by laws such as the Coast Guard Law and Anti-Secession Law, which provide legal cover for China’s aggressive actions in disputed maritime territories, including the South and East China Seas and the Taiwan Strait. The DoD’s 2023 China Military Power Report dedicates a specific section to analyzing the “Legal Great Wall,” highlighting the strategic intent behind these seemingly benign legal frameworks. However, despite this growing awareness, current U.S. countermeasures are inadequate to address the complex challenge posed by China’s sophisticated legal warfare tactics.
While Congressional committees have requested briefings from the DoD on the threat of adversary lawfare, this action falls short of a comprehensive and effective response. Requesting a briefing, without mandating a detailed report and subsequent action plan, lacks the necessary forcefulness to address the scope and complexity of the threat. The current approach, focusing on a single briefing with no guaranteed follow-up, fails to recognize the urgency and strategic importance of countering China’s legal maneuvers. Furthermore, limiting the scope to the DoD overlooks the crucial need for a whole-of-government approach involving multiple agencies and collaboration with the private sector. Effectively combating China’s lawfare requires a coordinated strategy that goes beyond military considerations and incorporates diplomatic, economic, and legal responses across various government branches.
The limitations of the current Congressional approach are further highlighted by the lack of a dedicated office or resources specifically focused on countering adversary lawfare. While some Combatant Commands have initiated counter-lawfare programs, these initiatives are disparate and lack central coordination. The absence of a dedicated entity within the U.S. government, tasked with analyzing, strategizing against, and coordinating responses to adversary lawfare, represents a critical vulnerability. This gap leaves the U.S. ill-equipped to respond effectively to China’s increasingly sophisticated legal maneuvers, which are designed to reshape the international legal landscape in its favor. A more robust and coordinated approach is essential to safeguarding U.S. interests and upholding the rules-based international order.
Combating China’s lawfare requires a multifaceted strategy that extends beyond the Department of Defense. A whole-of-government approach, encompassing diplomatic, economic, and legal dimensions, is essential to effectively address this complex challenge. This necessitates close collaboration between government agencies, including the Departments of State, Justice, and Commerce, as well as engagement with the private sector, including businesses operating internationally. The private sector holds crucial insights into China’s legal tactics and can provide valuable data and expertise to inform government responses. Furthermore, given the global nature of China’s legal maneuvers, international cooperation with allies and partners is crucial to building a united front against China’s attempts to undermine the international legal order.
To effectively counter China’s strategic use of law, the U.S. requires a dedicated and comprehensive strategy. This should include the establishment of a dedicated research center to analyze and understand the intricacies of adversary lawfare tactics. This center could serve as a hub for expertise, gathering information, developing counter-strategies, and training personnel across government agencies and the private sector. Furthermore, the U.S. needs a formalized whole-of-government counter-lawfare strategy, coordinating efforts across different departments and ensuring a unified approach. Finally, a dedicated office, potentially within the National Security Council, should be established to lead and implement the counter-lawfare strategy, ensuring consistent focus and effective coordination across government agencies. This comprehensive approach is essential to address the multifaceted threat posed by China’s lawfare and protect U.S. interests, businesses, and the integrity of the international legal system.
