Defensive lawfare and deterrence: Analysis of Latvia’s approach to legal bases in the context of hybrid warfare (2014-2022)

Abstract

Following the ‘hybrid form’ of Russian aggression in Ukraine that emerged in 2014, the period after February 24th, 2022 is referred to as the ‘new reality’. Hence, the question that needs to be addressed is how to deter and prevent Russian aggression of this kind. The national legal framework against the aggressor is a part of the deterrence policy and can be construed as defensive lawfare. Focusing on Latvia, the aim of the paper is to analyse defensive lawfare and deterrence in the context of hybrid warfare. The following research question has been identified: What is Latvia’s approach to establishing defensive lawfare in terms of hybrid warfare? For the empirical analysis, the chronological framework has been set from 2014 to 2022. To complete the empirical analysis of the present paper, both qualitative and quantitative research has been implemented comprising document analysis and semi-structured interviews, as well as content analysis, respectively. The improvement of a regulatory base and the development of deterrence, whilst using regulatory acts, is an element of deterrence and a way to act legally. The law can be used as a weapon. Lawfare, a concept with three definitions, has two forms: defensive a nd offensive. Latvia’s legal base includes a regulation to overcome hybrid threats and to implement a broad-spectrum of defence measures. Latvia’s regulatory framework is designed for defence purposes, whilst also being a way of promoting deterrence. Decision makers must be able to manoeuvre with the powers assigned to them.