Information Operations and the Question of Illegitimate Interference under International Law
| Autor: | Henning Lahmann |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
050502 law
021110 strategic defence & security studies media_common.quotation_subject 05 social sciences 0211 other engineering and technologies Information quality 02 engineering and technology International law Intervention (law) Adversarial system Self-determination Sovereignty Political science Information Operations Customary international law Law 0505 law media_common Law and economics |
| Zdroj: | Israel Law Review. 53:189-224 |
| ISSN: | 2047-9336 0021-2237 |
| Popis: | The article examines the legal qualification of state-led information operations that aim to undermine democratic decision-making processes in other states. After a survey of the legal attitudes of states towards such operations during the Cold War, the impact of the digital transformation on the frequency and quality of information operations is explained. The article assesses scholarly responses to the outlined paradigm shift regarding the prohibition of intervention, respect for sovereignty, and the principle of self-determination. The study then inquires whether it is possible to detect a change in how states qualify adversarial information operations by tracking recent state practice and official statements ofopinio juris. The survey concludes that there is insufficient uniformity to allow for an inference that the content of the analysed rules of customary international law has already shifted towards more restrictive treatment of foreign interference. As a possible way forward, the article ends with a proposal to focus on deceptive and manipulative conduct of information operations as the most viable path to outlaw such state behaviour in the future. Instead of attempting to regulate the content of information, this approach is better suited to safeguard freedom of speech and other potentially affected civil rights. |
| Databáze: | OpenAIRE |
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