NRDC-GR DEEP OPS SEMINAR

Legal Dimensions of Information

Operations in times of armed
conflict

Major (HE-J) Vasileios KARATZIAS

NRDC-GR Senior LEGAL ADVISOR
NRDC-GR
 Information Operations Core Capabilities

 Psychological Operations (PSYOPs),

 Military Deception Operations (MILDECOPS),
 Electronic Warfare (EW),
Computer Network Operations (CNO)

 Supporting capabilities include: Operations Security (OPSEC),

Counter-Intelligence (CI), Public Affairs (PA), and Civil-Military
Operations (CMO)
 Basic Legal Principles with regards to IO

All information operations (IO) conducted by military forces must comply with
international law

Domestic Law, where applicable, should be taken into account (i.e.

intervention after invitation by the local government)

Defensive Information Operations

Military forces can conduct both

Offensive Information Operations
 Pre-conflict International Law with regards to IO
During peace-time:

International telecommunications using wire and radio are governed in

peacetime primarily by the International Telecommunication Convention.

Broadcasting stations from one country are not permitted to interfere with
broadcasts of other States.

Military installations must also observe these non-interference requirements.

States reserve the right to cut off a private telecommunications signal

transiting their territory that appears dangerous to the security of their
State.

States may not transmit false or misleading signals.

 IO in times of Armed Conflict (1/3)

State practice, reveals that most States have suspended international

communications conventions when engaged in armed conflict.

During international military operations IO can be used against a wide variety

of targets or objectives.

IO operation might include efforts to influence, manipulate, or neutralize an

adversary’s key leadership, strategic communications, military
infrastructure, or civil infrastructure (including industry and populace)
along with an adversary’s weapons systems.

The type of IO attack could range from a mere temporary disruption of

communications or dissemination of misleading information, to deadly
manipulations of weapons systems to massive interference with the
infrastructure of the State.
 IO in times of Armed Conflict (2/3)

Target Audience should be NAC approved (LOAC analysis of intended targets)

All target should be considered as legitimate targets (non lethal targeting).

Key jus in bello principles that must be applied to IO during the conduct of
hostilities include:
a. valid military objective and military necessity;
b. distinction/discrimination;
c. proportionality; unnecessary suffering; perfidy;

The use of IO may involve the use of deception and the employment of ruses,
the means used may not be perfidious.
 IO in times of Armed Conflict (3/3)

Perfidy occurs whenever acts are intended to betray the confidence of an

adversary to believe that he is entitled to, or obliged to accord protection
under LOAC.

i.e the manipulation of the enemy’s targeting database so that a friendly

military headquarters appears as a hospital

Military information infrastructures are embedded in the national

infrastructures.

Virtually impossible to distinguish the military information infrastructures from

the civilian ones.
 Legal review of PSYOP themes and products

PSYOP missions included operations planned to convey selected information to

influence enemy combatants and the civilian population.

Legal review of leaflet messages and messages for broadcast over loudspeakers.

Emails for effective warning before a raid in an urban area.

 Examples
Operation Iraqi Freedom:

▫ IO planners proposed targeting Iraq radio and television stations.

▫ Iraqi cell phone companies could distribute text messages promoting peace,
unity, and religious tolerance to their users on behalf of Coalition forces.

▫ The extent to which publication for IO purposes of photographs of detainees

held by either Coalition forces or the Central Criminal Court of Iraq is
permissible.

▫ Using photos of those convicted by CCCI to show the Iraqi population that their
justice system was working.

▫ Contract with a local company to produce a magazine

 CONCLUSION

Close cooperation between IO / PSYOPS planners

and LEGAD during an armed conflict is an
enabler of success.