[Answered] India should develop its strategy of ethical lawfare by mainstreaming international law lexicon into its diplomatic toolkit to respond to Beijing’s challenge posed at borders. Examine.

Lawfare is broadly understood as the strategic deployment of international and domestic law by a state or non-state actor against an adversary.
Continued Chinese aggression on the border, including the new border law pose serious threat to India. While continued diplomatic efforts have not yielded the desired benefits,

Need for India to develop strategy of Ethical Lawfare

• Misuse by China: China uses the sovereignty argument to cover up its illegal activities. The Chinese unethical legal warfare or lawfare is aimed at hamstringing the opponents without actually fighting a war.
• Violation of agreements by China: The India-China LAC engagement is guided by a series of bilateral agreements signed between 1993 and 2013. Which have been violated by China Frequently.
• Absence of international lawyers: Military experts, international relations academics, and practitioners like retired diplomats dominate the debates on security in India. International lawyers are largely absent in these debates despite security issues being placed within the framework of international law.
• Better global image: Actions taken by India to counter Chinese like ban on Chinese apps and restricting Chinese companies like Huawei were justified using domestic law. Using International law to justify these would have served the same purpose without distorting the image.
• Missed opportunities: India in the past has missed opportunities to invoke international law that could have gone in favor of India. For example, Invoke the right to act in self-defense under Article 51 of the UN Charter to counter Chinese misadventure on LAC.

How India can utilize ethical law fare in responding to Chinese challenge on border

• Highlighting Chinese illegal activities: India should make a strong legal case by invoking all the international treaties and laws, including the UN Charter at every forum to call out China’s illegal actions.
• Signal to Chinese: An unequivocal proclamation should be made at all international platforms that India reserves the right to act in self-defence under Article 51 of the UN Charter to counter any Chinese misadventure.
• Enacting a national Security law: Enacting a national security law aimed at imposing restrictions or sanctions of various kinds (trade, economic, military) on those countries with whom India shares a land border can be an option.
• Engaging International law experts: International experts shall be engaged in diplomatic planning and foreign policy making to ensure utilization of international law in India’s favour.

A large, powerful and hostile power has arisen in the neighborhood of India in the form of China and India needs to take all measures available at its disposal to counter threats posed by China, including Lawfare.