4.3.1 War propaganda [ICCPR art 20(1)] Condensed: Any propaganda for war shall be prohibited by law. Propaganda for war includes the repeated and insistent expression of an opinion for the purpose of creating a climate of hatred and lack of understanding in order tobring about armed conflict.The legitimate airing of grievances, including those based on ethnic issues, should not be seen as war propaganda. Only direct promotion of war constitutes war propaganda.Propaganda to take up arms for the purpose of self-defence or self-determination is not prohibited. Propaganda to incite internal armed conflict outside the context of a legitimate struggle for self-determination could arguably constitute prohibited war propaganda. Comprehensive: Article 20(1) of the ICCPR provides: ‘Any propaganda for war shall be prohibited by law’.[1] The HRC has held that ‘all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the Charter of the United Nations’ should be prohibited.[2] According to the HRC article 20(1) of the ICCPR does ‘not prohibit advocacy of the sovereign right of self-defence or the right of peoples to self-determination and independence in accordance with the Charter of the United Nations.’[3] Propaganda to take up arms for the purpose of self-defence or self-determination falls outside the scope of article 20(1) of the ICCPR. With regard to self-determination, according to article 20(2) of the ACHPR ‘[c]olonised or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.’ The ACmHPR held in Katangese Peoples’ Congress v Zaire that ‘in the absence of evidence that the people of Katanga are denied the right to participate in government … Katanga is obliged to exercise a variant of self-determination that is compatible with the sovereignty and territorial integrity of Zaire’.[4] Propaganda for non-international war outside the context of a legitimate struggle for self-determination could arguably constitute war propaganda. In its concluding observations on Côte d’Ivoire, the CERD Committee called on the government to take the necessary measures to stop national media using propaganda to incite war.[5] According to the travaux préparatoires of the ICCPR ‘propaganda’ include ‘the repeated and insistent expression of an opinion for the purpose of creating a climate of hatred and lack of understanding between the peoples of two or more countries, in order to bring them eventually to armed conflict’.[6] The legitimate airing of grievances, including those based on ethnic issues, should not be seen as war propaganda. Only direct promotion of war constitutes war propaganda. States have an obligation to prosecute those responsible for war propaganda.Additional referencesM Kearney ‘The prohibition of propaganda for war in the International Covenant on Civil and Political Rights’ (2005) 23 Netherlands Quarterly of Human Rights 551-570
M Nowak UN Covenant on civil and political rights: CCPR Commentary (2005) [1] The ACHR (art 13(5)) is the only regional human rights instrument that explicitly require the prohibition of propaganda for war. [2] HRC, General Comment 11, para 2. [3] HRC, General Comment 11, para 2. [4]Katangese Peoples’ Congress v Zaire communication 75/92 (ACmHPR 1995) para 6. [5] CERD Concluding Observations: Côte d’Ivoire, CERD/C/62/CO/1 (CERD, 2003), para 16. [6] Statement by the Brazilian representative in submitting the final proposal with regard to what would become art 20(1) of the ICCPR, UNGA 3rd committee 16th session 1079th meeting (1961) para 2, as quoted by MG Kearney ‘Propaganda for war, prohibition’ in Max Planck Encyclopedia of Public International Law para 11.
Condensed:
Any propaganda for war shall be prohibited by law. Propaganda for war includes the repeated and insistent expression of an opinion for the purpose of creating a climate of hatred and lack of understanding in order to bring about armed conflict.The legitimate airing of grievances, including those based on ethnic issues, should not be seen as war propaganda. Only direct promotion of war constitutes war propaganda.Propaganda to take up arms for the purpose of self-defence or self-determination is not prohibited. Propaganda to incite internal armed conflict outside the context of a legitimate struggle for self-determination could arguably constitute prohibited war propaganda.
Comprehensive:
Article 20(1) of the ICCPR provides: ‘Any propaganda for war shall be prohibited by law’.[1] The HRC has held that ‘all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the Charter of the United Nations’ should be prohibited.[2] According to the HRC article 20(1) of the ICCPR does ‘not prohibit advocacy of the sovereign right of self-defence or the right of peoples to self-determination and independence in accordance with the Charter of the United Nations.’[3]
Propaganda to take up arms for the purpose of self-defence or self-determination falls outside the scope of article 20(1) of the ICCPR. With regard to self-determination, according to article 20(2) of the ACHPR ‘[c]olonised or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.’ The ACmHPR held in Katangese Peoples’ Congress v Zaire that ‘in the absence of evidence that the people of Katanga are denied the right to participate in government … Katanga is obliged to exercise a variant of self-determination that is compatible with the sovereignty and territorial integrity of Zaire’.[4] Propaganda for non-international war outside the context of a legitimate struggle for self-determination could arguably constitute war propaganda. In its concluding observations on Côte d’Ivoire, the CERD Committee called on the government to take the necessary measures to stop national media using propaganda to incite war.[5]
According to the travaux préparatoires of the ICCPR ‘propaganda’ include ‘the repeated and insistent expression of an opinion for the purpose of creating a climate of hatred and lack of understanding between the peoples of two or more countries, in order to bring them eventually to armed conflict’.[6] The legitimate airing of grievances, including those based on ethnic issues, should not be seen as war propaganda. Only direct promotion of war constitutes war propaganda. States have an obligation to prosecute those responsible for war propaganda.Additional references M Kearney ‘The prohibition of propaganda for war in the International Covenant on Civil and Political Rights’ (2005) 23 Netherlands Quarterly of Human Rights 551-570
M Nowak UN Covenant on civil and political rights: CCPR Commentary (2005)[1] The ACHR (art 13(5)) is the only regional human rights instrument that explicitly require the prohibition of propaganda for war.
[2] HRC, General Comment 11, para 2.
[3] HRC, General Comment 11, para 2.
[4]Katangese Peoples’ Congress v Zaire communication 75/92 (ACmHPR 1995) para 6.
[5] CERD Concluding Observations: Côte d’Ivoire, CERD/C/62/CO/1 (CERD, 2003), para 16.
[6] Statement by the Brazilian representative in submitting the final proposal with regard to what would become art 20(1) of the ICCPR, UNGA 3rd committee 16th session 1079th meeting (1961) para 2, as quoted by MG Kearney ‘Propaganda for war, prohibition’ in Max Planck Encyclopedia of Public International Law para 11.