The Emerging Necessity of Saudi Arabia’s Lawfare Strategy

As Saudi Arabia continues to rise as a global powerhouse under the transformative leadership of His Royal Highness Crown Prince Mohammed Bin Salman, the Kingdom finds itself at a pivotal moment in history. Its rapid progression in economic and social domains has positioned it as an example of development in the Middle East, drawing admiration from across the globe. However, with this rapid growth comes increased challenges from regional and global actors. In this complex geopolitical environment, it is crucial for Saudi Arabia to adopt a strategic approach to lawfare—a concept that is increasingly being used by leading nations like the United States and China as a critical tool in safeguarding national interests.

Understanding Lawfare: A Modern Weapon of Influence

Lawfare – the use of legal systems and legal principles as instruments and weapons of national power – is not a new concept, but it has gained prominence in recent years as countries seek to achieve their objectives through legal means rather than traditional military tools. The bullet is being replaced by the pen. Put another way, lawfare is the strategic use of legal systems, both domestic and international, to achieve a military or political objective. It often involves the use of legal means to limit an opponent’s ability to operate, to delegitimize their actions, or to impose legal constraints on their activities. Lawfare can be waged through litigation, international treaties, legal sanctions, or by influencing the development and interpretation of international law.

Lawfare can be both offensive and defensive, depending on the nature of the threat or challenge. For countries like the United States and China, lawfare has become an essential strategy in addressing a wide range of issues, from cybersecurity threats to international trade disputes.

For Saudi Arabia, developing a lawfare strategy is not just an option—it is a necessity. As the Kingdom faces challenges on multiple fronts, including information warfare, economic competition, and could face international legal disputes, a well-crafted lawfare strategy will enable it to protect its interests and project its influence on the global stage.

Domains of Saudi Lawfare: A Multifaceted Approach

Saudi Arabia’s lawfare strategy must be comprehensive, encompassing multiple domains to address the diverse challenges the Kingdom faces (and the further challenges it will inevitably face as it grows in international stature).

In the age of digital warfare, information is a powerful weapon. Saudi Arabia must develop legal frameworks to defend against cyberattacks, misinformation campaigns, and other forms of digital aggression. This includes establishing legal mechanisms to counter adverse news emanating from Western media and other sources that seek to undermine the Kingdom’s reputation.

As a global hub for investment, Saudi Arabia must protect its economic interests through the strategic use of international trade laws, and investment treaties. This includes defending against unfair trade practices and ensuring that the Kingdom’s economic growth is not hindered by external forces. The global economy is increasingly regulated by complex legal frameworks, and lawfare offers a means to navigate these rules to Saudi Arabia’s advantage. Whether by challenging unfair trade practices, protecting intellectual property rights, or defending against legal claims that threaten its economic stability, lawfare can safeguard the Kingdom’s economic interests on the global stage.

Saudi Arabia must strengthen its position in international law by actively participating in multilateral treaties and organizations. For instance, Saudi Arabia must adopt a proactive posture and consider proposing an international treaty in domains such as AI. This will allow the Kingdom to influence global legal norms. A proactive stance in international law will also enable Saudi Arabia to preemptively address legal challenges before they escalate into serious issues.

Diplomacy and lawfare are complementary tools. While diplomacy focuses on negotiation and dialogue, lawfare can provide a legal foundation to support diplomatic positions. For instance, in negotiations over regional conflicts or trade agreements, Saudi Arabia can use lawfare to bolster its bargaining power, ensure compliance with international legal standards, and secure favorable outcomes.

Through active participation in international legal forums, Saudi Arabia can influence the development of international law in ways that align with its national interests. This might involve advocating for legal norms that protect state sovereignty, challenging legal interpretations that threaten its security, or supporting legal frameworks that promote regional stability.

Defensive and Offensive Lawfare: Balancing Strategy with Tactics

Lawfare provides a framework for responding to these challenges through legal means, whether by contesting claims in international courts, leveraging international law to support Saudi positions, or engaging in counter-litigation against adversaries. Saudi Arabia’s lawfare strategy should be both defensive and offensive, tailored to the specific nature of the challenges it faces. For example, in the case of negative media coverage, the Kingdom can employ defensive lawfare by using defamation laws (in other jurisdictions) and international media regulations to protect its image. Simultaneously, it can adopt an offensive approach by establishing a world-class media outlet akin to Qatar’s Al Jazeera or Russia’s RT. Such a platform would allow Saudi Arabia to project its narrative globally, showcasing the positive developments taking place in the Kingdom and positioning it as a leader in investment and quality of life.

The Role of Legal Training and Soft Power in Saudi Lawfare

To implement an effective lawfare strategy, Saudi Arabia must invest in legal training as a standalone vertical. This involves educating relevant ministries and officials in various aspects of international law, including public and private international law, international humanitarian law, international criminal law, and international tribunals such as the International Criminal Court. A well-trained legal cadre will ensure that the Kingdom can navigate complex legal challenges with confidence and authority. To effectively deploy lawfare, it is essential that the relevant ministries, legal experts, and armed forces personnel are well-versed in its principles and applications. This requires comprehensive training programs that focus on the following areas.

Saudi officials must be educated on how lawfare is being used globally, particularly by major powers and regional adversaries. This includes studying case examples, understanding the legal tactics employed, and analyzing the outcomes of various lawfare strategies.

Personnel involved in lawfare must possess not only legal expertise but also the ability to think strategically about how legal tools can be used to achieve national objectives. Training should therefore include courses on international law, military law, economic sanctions, and the strategic application of legal principles in international relations.

Lawfare requires a coordinated effort between various branches of government, including the Ministry of Foreign Affairs, Ministry of Defense, and Ministry of Justice. Training programs should emphasize inter-ministerial collaboration, ensuring that legal strategies are aligned with diplomatic and military objectives.

Practical exercises, such as war games or legal simulations, can help personnel practice lawfare tactics in a controlled environment. These scenarios can be tailored to reflect the specific challenges Saudi Arabia faces, allowing officials to test and refine their strategies in real-time.

Moreover, lawfare should not be limited to legal and defensive tactics. Soft power projection is equally crucial. By enhancing its cultural diplomacy and expanding its influence in global forums, Saudi Arabia can build alliances and nurture goodwill, which will be instrumental in countering negative perceptions and promoting the Kingdom’s interests.

Conclusion: A Proactive Approach for a Rising Power

As Saudi Arabia continues to ascend as a major global player, the challenges it faces will undoubtedly increase in complexity and scope. To navigate these challenges effectively, the Kingdom must adopt a proactive stance through the development of its first-ever lawfare strategy. This strategy will not only protect Saudi Arabia’s interests but also enable it to project its influence on the global stage.

Lawfare is not a standalone strategy but a vital component of a comprehensive national defense and foreign policy toolkit. For Saudi Arabia, the integration of lawfare into its strategic framework can significantly enhance its ability to counter challenges, protect its interests, and influence the international legal order. However, the effective deployment of lawfare depends on the training and preparedness of the Kingdom’s ministries and armed forces. By investing in legal training and capacity building, Saudi Arabia can ensure that it is not only prepared to defend against lawfare but also positioned to use it proactively in pursuit of its national objectives.

Under the visionary leadership of HRH Crown Prince Mohammed Bin Salman, Saudi Arabia has the potential to set a new standard in lawfare, using legal tools to advance its national objectives and secure its place as a leader in the 21st century. The time to embark on this journey is now.