Deepfakes in warfare: A novel challenge to International Humanitarian Law

Abstract

Disinformation has always been part and parcel of warfare. However, sophisticated Artificial intelligence techniques such as machine learning, have now made the process of manipulation of information much easier and more convincing than ever before. ‘Deepfakes’, the highly realistic, but fabricated images, videos and audio are increasingly being used as a war tactic to spread disinformation in both international armed conflicts (IACs) and non-international armed conflicts (NIAcs). Deepfakes can easily deceive and mislead people by making it appear that someone has said or done something that they have never said or done in reality. It can falsify commands, create confusion during conflicts and spread false rumors about an opposing party. Moreover, when the public becomes aware of the possibility of an image, audio or video being a deepfake, establishing the authenticity of original information also becomes challenging. This paper will engage in a qualitative study of how deepfakes pose a threat to both combatants and civilians affected by modern warfare through sowing confusion, impersonating political and military leaders, undermining public trust, influencing public opinions and also fabricating evidence in post-war trials. Deepfakes can cause unfathomable damage to countries already affected by war and further jeopardize their democracy and national security. Hence, the use of deepfakes extends beyond the traditional classification of disinformation in International Humanitarian Law (IHL) as a permissible ruse of war. Accordingly, the objective of this paper is to analyze the adequacy and potential enhancements of existing IHL principles in addressing the deepfake-driven threats in warfare.