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- Longworth, Sally Alexandra, 1983-
(författare)
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Freedom of expression in armed conflict : The silence between spaces
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis investigates the relationship between international human rights law (IHRL) and international humanitarian law (IHL) in regards to the right to freedom of expression in armed conflict. Freedom of expression is a touchstone of other human rights and a cornerstone of democracy. Digital technology, social media and the internet have enormously facilitated the exercise of this right and completely changed how societies seek, receive and share information. These changes have significant impacts in situations of armed conflict, where the stakes of ensuring access to accurate information are raised even further. However, despite significant research on the relationship between the application of IHRL and IHL during armed conflict, freedom of expression remains an underexplored area. A deeper look on a normative level at the right to freedom of expression in armed conflict reveals a dynamic relationship between IHRL and IHL. This research shows that the protection and fulfilment of the right to exercise freedom of expression under IHRL is a core mechanism for fulfilling the obligations to respect and ensure respect under IHL. In addition, IHL provides complementary protections aimed at addressing the specific vulnerabilities of the exercise of freedom of expression presented by situations of armed conflict. The IHL provisions import lessons from history that those who speak out against atrocities and violence are often silenced and that the dominance of one narrative and interest can lead to further violations of international legal standards. Recourse can therefore be made to IHRL standards in interpreting these requirements under IHL. In such circumstances, IHRL may offer individuals an opportunity to secure their rights under IHL through IHRL enforcement mechanisms where these rights are complementary to the protection of freedom of expression under IHRL. Simultaneously, the application and interpretation of the right to freedom of expression can inform the implementation of other IHL obligations that impact the exercise of freedom of expression, such as addressing the spread of misinformation as a ruse of war or where the parties to the conflict block access to the internet and other information sources. Further, the situation of armed conflict changes the context in which the right to freedom of expression may be exercised. Depending on the nature of the interference with the right and particular facts, it is necessary to refer to IHL in order to understand how the right operates in the context of armed conflict. This cross-referencing between the two bodies of law is necessary to uphold the rights contained therein and to implement the corresponding obligations coherently. Doing so reveals opportunities and solutions to address issues raised in the concurrent application of both bodies of law. That said, unless the proper balance is achieved between these overlapping norms, the protections afforded under both risk being undermined. As freedom of expression is a cornerstone of democracy, understanding the legal framework applicable to its exercise in armed conflict is essential to keep the whole house from tumbling down.
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Information and law in transition : freedom of speech, the internet, privacy and democracy in the 21st century
- 2015
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Proceedings (redaktörskap) (refereegranskat)abstract
- In this book we have gathered a number of prominent scholars who analyze the developments of information and law from their respective perspective. The papers were first presented at a colloquium at the Faculty of Law, Uppsala University in September 2014.The book is divided into two parts. The first part of the book is comprised of the contributions having a more general scope; developments within a new landscape, regulatory matters and questions relating to security, technology and information. The second part sets information and law in contexts and focuses towards more specific matters; fundamental rights in a new context, issues relating to the right to be forgotten and finally, welfare, health and research.The Internet and other information and communication technologies have created exciting new possibilities for connecting individuals across borders and continents. The new technologies also raise significant legal, ethical and political concerns. The Internet has thus permitted the instantaneous dissemination of information as well as created an entirely new arena for hate speech. New information and communication technologies have made possible the creation of large registries and databases with the potential to lead to effective cross-border law enforcement, foster important new research as well as unwarranted mapping of individual persons’ private life. How society responds to this can have an impact on how we perceive democracy, and the realization of the rule of law, as well as on transparency and legitimacy in communication between individuals and states. It also affects the relationship between the public sphere and the individual.
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| 5. |
- Lind, Anna-Sara, 1977-, et al.
(författare)
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Introducing 250 years of transparency
- 2017
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Ingår i: Transparency in the future. - : Ragulka förlag. - 9789185333752 ; , s. 9-17
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 8. |
- Winther, Pontus, 1971-
(författare)
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International Humanitarian Law and Influence Operations : The Protection of Civilians from Unlawful Communication Influence Activities during Armed Conflict
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Contemporary armed conflicts are not only fought with physical means and methods. Increasingly, in order to achieve military and political objectives, parties to armed conflicts use communication activities to influence individuals. Armed groups such as ISIS use online propaganda to instil terror and recruit new fighters to their cause. In Syria and other conflict zones, medical personnel, aid workers and journalists are subjected to verbal threats and other types of intimidation. In the conflict in Eastern Ukraine, politicians are publicly discredited by having their pictures displayed on electronic billboards and being labelled as war criminals, while civilians are misled by false messages into assisting the opposing party with identifying targets for artillery fire.At the same time, communication is also used to increase the security for civilians in armed conflict. For example, parties to armed conflicts have an obligation to issue warnings before launching attacks on military objectives that may affect the civilian population. Thus, although communication activities can be used to increase security for civilians in armed conflict, they may also cause physical and mental harm to civilians.This prompts a question of law: Where does the boundary lie between prohibited and lawful use of communication activities as a means of influencing civilians in armed conflict? The purpose of this thesis is to answer this question. It sets out to examine what protection international humanitarian law provides civilians in armed conflict in relation to communication influence activities.In the thesis, it is suggested that international humanitarian law contains a substantial—albeit fragmented—body of principles and provisions protecting civilians from harmful communication influence activities. It is further suggested that, in order to correctly define this protection, the material, personal, geographical and temporal scope of application of international humanitarian law must be properly taken into consideration.
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