With Their Tanks and Their Bombs, and Their Lies: Disinformation, Propaganda, and Freedom of Expression Online in Armed Conflicts
(2024) JAMM07 20241Department of Law
Faculty of Law
- Abstract
- This thesis examines the impact of online disinformation and propaganda in armed conflicts, particularly within the legal frameworks of International Humanitarian Law and International Human Rights Law. It focuses on how these practices function as tools of hybrid warfare and assesses the adequacy of current legal norms in addressing these challenges, with specific case studies from the Russo-Ukrainian armed conflict. Additionally, it analyzes state responses to such challenges, including stringent laws on content moderation and criminalization of certain expressions, evaluating their alignment with IHRL standards.
Key findings highlight that disinformation is intentionally used to manipulate public perception and influence both... (More) - This thesis examines the impact of online disinformation and propaganda in armed conflicts, particularly within the legal frameworks of International Humanitarian Law and International Human Rights Law. It focuses on how these practices function as tools of hybrid warfare and assesses the adequacy of current legal norms in addressing these challenges, with specific case studies from the Russo-Ukrainian armed conflict. Additionally, it analyzes state responses to such challenges, including stringent laws on content moderation and criminalization of certain expressions, evaluating their alignment with IHRL standards.
Key findings highlight that disinformation is intentionally used to manipulate public perception and influence both domestic and international opinions, which is pivotal in modern warfare. The research identifies significant gaps in IHL, which is not fully equipped to manage the understated yet profound impacts of disinformation. Also, the thesis argues that disinformation that incites violence or discrimination should be scrutinized under IHRL, particularly where it violates provisions of Article 20 of the ICCPR.
The thesis argues that the unique conditions of armed conflict necessitate a tailored application of principles of necessity and proportionality. It suggests that the immediacy and severity of the threat posed by disinformation in the context of the conflict, the urgency of the restrictive measures, and the appropriateness of safeguards must be assessed when assessing restrictive measures. However, although these considerations might justify more severe measures, the powers of states to restrict expression are not unlimited. This thesis calls for more nuanced regulatory measures that balance necessary restrictions on freedom of expression with the need to address the use of disinformation and propaganda online in armed conflicts. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9156918
- author
- Markiv, Arsen LU
- supervisor
- organization
- course
- JAMM07 20241
- year
- 2024
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Disinformation, propaganda, freedom of expression, online, social media, International humanitarian law, International human rights law, Ukraine
- language
- English
- id
- 9156918
- date added to LUP
- 2024-06-25 11:25:43
- date last changed
- 2024-06-25 11:25:43
@misc{9156918,
abstract = {{This thesis examines the impact of online disinformation and propaganda in armed conflicts, particularly within the legal frameworks of International Humanitarian Law and International Human Rights Law. It focuses on how these practices function as tools of hybrid warfare and assesses the adequacy of current legal norms in addressing these challenges, with specific case studies from the Russo-Ukrainian armed conflict. Additionally, it analyzes state responses to such challenges, including stringent laws on content moderation and criminalization of certain expressions, evaluating their alignment with IHRL standards.
Key findings highlight that disinformation is intentionally used to manipulate public perception and influence both domestic and international opinions, which is pivotal in modern warfare. The research identifies significant gaps in IHL, which is not fully equipped to manage the understated yet profound impacts of disinformation. Also, the thesis argues that disinformation that incites violence or discrimination should be scrutinized under IHRL, particularly where it violates provisions of Article 20 of the ICCPR.
The thesis argues that the unique conditions of armed conflict necessitate a tailored application of principles of necessity and proportionality. It suggests that the immediacy and severity of the threat posed by disinformation in the context of the conflict, the urgency of the restrictive measures, and the appropriateness of safeguards must be assessed when assessing restrictive measures. However, although these considerations might justify more severe measures, the powers of states to restrict expression are not unlimited. This thesis calls for more nuanced regulatory measures that balance necessary restrictions on freedom of expression with the need to address the use of disinformation and propaganda online in armed conflicts.}},
author = {{Markiv, Arsen}},
language = {{eng}},
note = {{Student Paper}},
title = {{With Their Tanks and Their Bombs, and Their Lies: Disinformation, Propaganda, and Freedom of Expression Online in Armed Conflicts}},
year = {{2024}},
}