aceDeepfakes and the Geneva Conventions: Does Deceptive AI-Generated Misinformation Directed at an Enemy During Armed Conflict Violate International Humanitarian Law? A Critical Discussion
‘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,…
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A peer-reviewed discussion published 5 November 2025 examines whether AI-generated deepfakes used to deceive an enemy during war comply with international humanitarian law. It notes commanders may seek tactical advantage by making opposing forces and civilian populations believe X when Y is true, including fabricated surrender or truce announcements.
The analysis matters because such deceptions could expose soldiers and civilians to greater harm and be treated as IHL violations under existing Hague and Geneva instruments. What remains uncertain is whether states will adopt proposed reforms, which the article itself describes as a doubtful prospect, and how courts would apply existing law to specific deepfake incidents.
- Article examines whether deceptive AI-generated misinformation directed at an enemy violates IHL under 1907 Hague Convention and 1977 Additional Protocol I.
- Distinguishes deliberate military deception and subterfuge from propaganda, noting deepfakes are now on virtual frontlines.
- Uses selected examples from the ongoing Russia-Ukraine war to illustrate risks to civilians.
- Proposes IHL reform recommendations to reduce deepfake harm.
Deepfakes that falsely announce surrender or truce declarations can place soldiers and civilians at greater risk and may constitute violations of international humanitarian law.
The rundown
The discussion frames deepfakes as part of deliberate deceptions and subterfuge distinct from propaganda, and evaluates compliance under the 1907 Hague Convention and 1977 Additional Protocol I to the Geneva Conventions.
It highlights selected examples from the Russia-Ukraine war to show how false surrender or truce messages can endanger noncombatants, and concludes with reform ideas while noting adoption is uncertain.
Sources
- Peer-reviewedLaws2025-11-05
How should this claim be treated?
The debate