law_war_manual15

• feigning civilian status to facilitate spying or sabotage, such aso false use of journalist credentials; and• using an informal ceasefire for the purpose of collecting wounded and dead and towithdraw unseen by the enemy. 7115.26 NON-FORCIBLE MEANS AND METHODS OF WARFAREIn general, propaganda, information gathering, and bribery are permissible means andmethods of warfare.5.26.1 Propaganda. In general, the use of propaganda is permissible under the law ofwar, even when it encourages acts that violate an enemy State’s domestic law or is directedtowards civilian or neutral audiences. However, certain types of propaganda are prohibited.5.26.1.1 Propaganda – Notes on Terminology. Propaganda has been referred toas psychological warfare, psychological operations (PSYOP), or military information supportoperations (MISO). 712 The word “propaganda” often has been used with a pejorativeconnotation to refer to misleading or false statements, but “propaganda” is used in this sectionwithout intending any such connotation.5.26.1.2 Propaganda Generally Permissible. In general, propaganda is apermissible means of warfare. 713 Propaganda has been disseminated through a variety ofcommunications media, including printed materials, loudspeakers, radio or television broadcast,710 SPAIGHT, AIR POWER AND WAR RIGHTS 170-71 (“The chief ruse practised in air fighting in the first world warwas the vertical nose-dive or spin, used by a pilot who was outfought or outnumbered, or whose gun had jammed orengine failed, to escape by simulating a fall out of control.”).711 For example, 1958 UK MANUAL 319 note 1 (“[A]t 1 p.m. on 7th March, 1905, during the battle of Mukden, agroup of Russians bearing Red Cross and white flags advanced towards the 1st Japanese Army and asked for asuspension of arms for several hours to remove the wounded and dead. The Japanese agreed, as they themselveshad many wounded, but the suspension was made without any formal agreement (sans entente bien dèfinie). In theevening, when the Japanese reopened fire, there was no reply and it was found that the Russians had retired duringthe suspension of arms.”).712 Robert Gates, Secretary of Defense, Memorandum: Changing the Term Psychological Operations (PSYOP) toMilitary Information Support Operations (MISO), OSD 1012-10 (Dec. 3, 2010) (“Since the 1940s, militaryinformation activities, undertaken both in wartime and peacetime, have been described as ‘psychological warfare,’‘psychological operations,’ or PSYOP. These terms helped draw a useful distinction between lethal militaryoperations, on the one hand, and military efforts to change minds and reduce or prevent conflict through truthful,persuasive information, on the other. Today, however, the term ‘Psychological Operations’ has becomeanachronistic and misleading. Although PSYOP activities rely on truthful information, credibly conveyed, the termPSYOP tends to connote propaganda, brainwashing, manipulation, and deceit.”).713 GREENSPAN, MODERN LAW OF LAND WARFARE 323 (“Propaganda must be considered a legal means of warfare,since there are no specific rules of war which forbid its use, nor is it as such incompatible with the existing rules ofwar.”).307