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aircraft, or the internet. Propaganda is sometimes used with bribery 714 or to support intelligencegathering. 715 Propaganda may be directed at enemy civilians and neutrals. 716Propaganda may encourage enemy persons to commit acts that would violate thedomestic law of the enemy State. 717 For example, it would be permissible to encourage enemycombatants to defect, desert, or surrender. 718 Similarly, it is generally permissible to encourageinsurrection among the enemy civilian population. 7195.26.1.3 Prohibited Types of Propaganda. Propaganda must not: (1) inciteviolations of the law of war; nor (2) itself violate a law of war rule.714 1976 AIR FORCE PAMPHLET 110-31 5-6 (“In World War I, Austrian airmen dropped leaflets over Italian linesinviting desertion with the promise of compensation for every airplane surrendered intact. In the Korean conflict, anaward was offered to any enemy flier who would defect with his plane intact to the United Nations Command. Infact $100,000 was paid to a North Korean pilot for such a defection.”).715 Robert Gates, Secretary of Defense, Memorandum: Changing the Term Psychological Operations (PSYOP) toMilitary Information Support Operations (MISO), OSD 1012-10 (Dec. 3, 2010) (“In Iraq and Afghanistan, U.S.military information programs urging civilians to report possible insurgent activity led to valuable information,enabling our forces to disarm hundreds of improvised explosive devices safely and capture numerous key insurgentleaders.”).716 For example, 1958 UK MANUAL 313 note 3 (“In the Second World War both sides established regular wirelessservices for spreading war news among both the enemy and neutrals. They also resorted on a large scale topropaganda disseminated from aircraft and from the ground.”).717 See SPAIGHT, AIR POWER AND WAR RIGHTS 333 (“To drop a pamphlet inciting to assassination would no doubtbe an offence under the laws of war, assassination being forbidden by those laws. It is an entirely different matterwhen the act which the message seeks to accomplish is one not repugnant to natural law, not malum in se, butmerely contrary to the law (because to the interest) of the State affected, or malum prohibitum. It cannot be held thatto try to persuade a modern civilized nation to change its form of government is to incite to an act of the formercategory.”).718 For example, FINAL REPORT ON THE PERSIAN GULF WAR xxvi (“Coalition strategy also benefitted immenselyfrom psychological operations, the success of which is evidenced primarily by the large number of Iraqi soldierswho deserted Iraqi ranks or surrendered without putting up any resistance during the ground offensive. Our effortsbuilt on, among other factors, the disheartening effect on Iraqi troops of the unanswered and intensive Coalitionaerial bombardment, the privations they suffered due to the degradation of the Iraqi logistics system, and the threatof the impending ground campaign. Radio transmissions and leaflets exploited this demoralization by explaining tothe Iraqi troops how to surrender and assuring them of humane treatment if they did. More specific messagesreduced Iraqi readiness by warning troops to stay away from their equipment (which was vulnerable to attack byprecision munitions) and induced desertions by warning troops that their positions were about to be attacked by B-52s.”).719 For example, LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 426-27 (§162a) (“The legitimacy, formerlycontroversial, of inciting enemy subjects to rise against the Government in power is now no longer disputed. …While, in the Second World War, both sides established regular wireless services for spreading war news amongboth the enemy and the neutrals, the Allies resorted on a large scale to propaganda disseminated from aircraft as ameans of inducing the population of Germany to remove a dictatorial régime which, it was asserted, was solelyresponsible for the war.”).308

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