Su taluni profili del rapporto tra disinformazione, guerra e diritto internazionale

The paper examines the relationship between disinformation, war, and international law. It highlights how digital technologies have transformed the production and dissemination of false or manipulated content. After distinguishing between misinformation, disinformation, and malinformation, the paper analyzes the impact of these phenomena on freedom of opinion and expression online in the context of international human rights law and the principle of technological neutrality. Then, the paper reconstructs the obligations of states in combating disinformation, including limitations from conventional instruments that are often overlooked. Particular attention is given to international humanitarian law, which permits stratagems of war but prohibits perfidy; however, it currently offers insufficient protection for civilians exposed to digital forms of information manipulation. Finally, the paper proposes possible international remedies—rectification, reply, and counter-propaganda—and identifies proportionality and the concrete effects of information practices as decisive criteria for assessing their lawfulness.