CRIMINAL RESPONSIBILITY FOR DISINFORMATION ACCORDING TO INTERNATIONAL LAW
Main Article Content
Abstract
Media disinformation is an international crime that carries with it international criminal culpability for its perpetrators. All elements of international crime from the legal, material, moral, and international pillars are present in media disinformation. The legal pillar consists of the international texts found in international conventions, declarations, covenants, the Geneva Conventions of 1949 and their additional protocols, and others, which all stipulate combating media disinformation, whether in times of peace or armed conflict. The material pillar is only represented by behavior; therefore, it is an offense of behavior and not of results. For the establishment of international criminal responsibility, the law does not require the occurrence of the result, but only the commission of criminal acts. As for the moral element, it necessitates the presence of criminal intent, represented by knowledge and will, both of which are present in the media misinformation crime. We have noted the presence of an international element in the crime of disinformation, which necessitates a culpability criterion. We discussed the topic of international criminal responsibility, where it was discovered that jurists attributed the subject of responsibility to three orientations to explain international responsibility. The first trend is to restrict accountability to the state alone. The second trend is the consolidation of state and individual responsibility. The third tendency, which is the predominant trend in international justice, is to position it in the hands of individuals.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Abdel Salam Gharabi and Dr. Naima Barradi, Propaganda Media Creativity in the Era of Social Media Networks, Propaganda, the E-Flies as a Model, research published in the Journal of Human and Domain, Mohamed Boudiaf University - M'sila, Algeria, Volume 5, Number 9, 2019.
Abdullah Suleiman Suleiman, Basic Introductions to International Criminal Law, University Press Office, Algeria, 1992.
Ali Hamid Al-Obeidi, Introduction to the Study of Public International Law and International Humanitarian Law, 1st Edition, Al-Atak Book Industry Company, Iraq, 2009.
Amjad Mohamed Mansour and d. Mohamed Nasr Al-Qatari, Criminal, Civil and International Responsibility for the perpetrators of genocide before the judiciary, Part Three, Issue Thirty-Second.
Article 25 Individual criminal responsibility.
Ayman Khaled, In proving the legal system for the crime of misleading public opinion, an article published in Al-Istiqlal newspaper, 2019, published on the following link: alestiklal.net.
EDOARDO GREPPI, The evolution of individual criminal responsibility under international lawRICRSEPTEMBRE IRRCSEPTEMBER 1999 VOL.81 N°835.
Evan Katz, civilians from disinformation during armed Liar's war: Protecti.conflict, International Review of the Red Cross (2020).
Falah Mazyad Al-Mutairi, The International Criminal Responsibility of Individuals in Light of the Development of International Criminal Law, a master's thesis submitted to the Faculty of Law, Middle East University, Jordan, 2011.
Falih Ghozlan, International Criminal Law and Jurisdiction, a printed project addressed to third-year students of public law, Faculty of Legal and Political Sciences, Abu Bakr Belkaid University of Tlemcen
Farid Hatem Al-Shahf, Propaganda and Media Disinformation, 1st Edition, Aladdin Publications, Syria, Damascus, 2015.
Freija Mohamed Hisham, The Role of International Criminal Justice in Combating International Crime, Ph.D. thesis submitted to the Faculty of Law and Political Sciences, University of Mohamed Kheidar Biskra, Algeria, 2014.
https://www.legal-tools.org/doc/e8ad48/pdf.
Issam Al-Attiyah, Public International Law, 7th Edition, The Legal Library, Baghdad, 2008.
Jinar Namik, Genocide, and Disinformation Methods (Selected Models), 1st Edition, Dar Ghaida for Publishing and Distribution, The Hashemite Kingdom of Jordan, 2019.
Judge Antonio Cassese, Paola Guetta, Laurel Beige, Mary Van, Christopher Gosnell and Alex Whiting, International Criminal Law, translation by Sader Publishers Library, 1st Edition, Sader Human Rights Publications, Beirut, 2015.
Mazen Lilo Radi, Payment Limits for Executing the Supreme Chief’s Orders in International Criminal Law, research published in the Journal of Legal Sciences, Issue (1), College of Law, University of Duhok, 2010.
Mohamed Abdel Moneim Abdel Ghani, International Criminal Law, New University House, Alexandria, 2010.
Mohamed Al-Saleh Rawan, International Crime in International Criminal Law, a Ph.D. thesis submitted to the Faculty of Law, University of Mentouri Constantine, 2008, Algeria.
Mr. Abu Eita, International Sanctions between Theory and Practice, University Culture Foundation, Alexandria, 2001.
Nasreddine Qalil, State Responsibility for Violations of International Law, Ph.D. thesis submitted to the Faculty of Law, University of Algiers, 2017.
Nayef bin Faisal bin Abdulaziz, the criminal responsibility of leaders for war crimes committed during international and non-international armed conflicts, research published in the Legal Journal (a magazine specialized in legal studies and research).
Sadiq Zughair Muhaisen and Kazem Jaafar Sharif, The Media’s Responsibility for Incitement During Armed Conflicts, research published in the Journal of Legal Sciences, Volume 31, Issue 4, 2016.
The Statute of the International Criminal Court for Rwanda.
The Statute of the International Criminal Court.
The statute of the International Military Tribunal for the former Yugoslavia.
The Statute of the International Military Tribunal in Nuremberg.
The statute of the Military Court in Tokyo.
Tonkin, Public International Law (Theoretical Issues), translated by Ahmed Reda, The Egyptian Book Organization, Cairo, 1972.
UIO: Detjuridskefakultet, Head of State Immunity at the International Criminal Court, Legal Consequences of UN Security Council Referrals for Personal Immunities, 2018.
Wafaa Muhammad Abu Al-Maaty Saqr, Criminal Responsibility for Spreading Rumors Through Social Media, research published in the Spirit of Laws Journal, Issue Ninety-Three, Faculty of Law, Tanta University, 2021.
Wibke Kristin Timmermann, Incitement in international criminal law, International Review of the Red Cross, Volume 88 Number 864 December 2006.