7 WHAT IS STRATEGIC LITIGATION? PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA WHAT IS STRATEGIC LITIGATION? Concept Strategic litigation can be defined as bringing a legal claim with an objective of change beyond the individual case. As such, litigation is “strategic” because it involves selecting those cases with the potential to advance a specific legal, social or human rights change, whether preventing a particular behavior, or requiring authorities to initiate legal and policy reforms, or a general change of attitude. Strategic litigation brings relief to the individual victim/s, as well as to a broader group of affected communities. The goals of strategic litigation can generally be achieved by combining casework with other civil society techniques, including research, advocacy for structural reforms, outreach and capacity building. In some situations, deciding not to conduct strategic litigation could be the best course of action. For example, if resources are scarce and other strategies and tools could be more effective, if there is a risk of a negative decision, or if the passage of time could open a more favourable or progressive legal forum. Potential Impacts There are a number of ways in which strategic litigation against enforced disappearance can have an impact, beyond the immediate benefit to the survivor or a change in the law. Not all forms of impact will be relevant in a specific context, and lawyers and activists, together with the survivors, will need to deploy different tactics to enhance each impact. REDRESS has developed a framework for evaluating the impact of strategic litigation against enforced disappearance. This identifies the most frequent impacts that result