Propaganda in Armed Conflict: Exploring Legal Ambiguities and Civilian Engagement

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Abstract:

This article addresses the question of whether civilians engaged in disseminating propaganda can be construed as direct participants in hostilities. It focuses on the gaps created by a lack of international law provisions governing the use of propaganda during armed conflicts. The research contends that the categorization and classification of propaganda are vital, given the increasing employment of harmful digital information. An example of Ukrainian strategic communication campaigns illustrates the slippery slope created by easily accessible social media platforms and the danger posed by civilians spreading these so-called “strategic communication campaigns.” The research explores how the principle of distinction and the notion of direct participation apply to Ukrainian civilians. This article finds that multiple gray areas exist when analyzing the applicable legal frameworks surrounding the dissemination of propaganda. The study concludes that civilians spreading propaganda do not qualify as directly participating in hostilities, as the three-prong test of the International Committee of the Red Cross is not met.