Deepfakes and the Geneva Conventions: Does Deceptive AI-Generated Misinformation Directed at an Enemy During Armed Conflict Violate International Humanitarian Law? A Critical Discussion

Berkant Akkuş ()
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Berkant Akkuş: School of Law, Department of Public International Law, Inonu University, 44000 Battalgazi, Turkey

Laws, 2025, vol. 14, issue 6, 1-34

Abstract: ‘Deepfakes’ and other forms of digital communications disinformation are now on the virtual frontlines of many armed conflicts. Military commanders can potentially gain significant tactical advantages by misleading enemy forces, opposing governments, and civilian populations into believing X when Y is the true state of affairs. Distinct from military propaganda, deliberate deceptions and subterfuge have long been part of warfare. However, a powerful claim is advanced that deepfakes such as announcing surrender, truce declarations, or similar messages that place soldiers and civilians at greater risk are international humanitarian law (IHL) violations, notably under the 1907 Hague Convention and the 1977 Additional Protocol I to the Geneva Conventions. This four-section critical discussion considers whether, or to what extent, deepfakes are IHL compliant. Selected examples taken from the ongoing Russia–Ukraine war are highlighted to illustrate the potentially grave dangers that deepfakes represent for innocent civilian populations. IHL reform recommendations are made that would reduce deepfake harm—if such reforms are embraced by the international community (an admittedly doubtful prospect).

Keywords: deepfake; international humanitarian law; perfidy; AI-powered disinformation; deceptive AI (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
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