Social Media as a Declaration of war?

摘要

Social media, with its evolving nature, has changed the communication landscape, mobilising its users in ways that are more dynamic. From a political perspective, the public can now engage directly with politicians and political parties. Furthermore, they have the ability to influence political decisions by governments, by sharing their viewpoints and mobilising like-minded people to their cause (Kearney, 2013). Social media has provided politicians with a communication platform, different from the usual mainstream media. However, with recent Tweets by political figures making news headlines, a grey area emerges, relating to the elements of social media communication that may be acknowledged as "an act of war." As an example, in an interesting Tweet, by US President Donald Trump, in September 2017, it was stated, "Just heard Foreign Minister of North Korea speak at U.N. If he echoes thoughts of Little Rocket Man, they won't be around much longer!" With the global reach of social media, the Tweet caused an uproar, on the premise that this Tweet by the US President meant a declaration of war. According to the UK House of Lords (2006), a declaration of war is defined as "a formal act in which one state goes to war against another state." However, the declaration itself must be a "performative speech act" or the authorized signing of the declaration by a party (authorized by government) or the Head of State, with the explicit intention to create an act of war between states. However, the legality of the person given the power to declare an act of war may vary between nations and government. In most nations, that authority is permitted to the head of state or sovereign. Thus, the question arises as to whether a statement made on social media, can be legally construed as an act of war. This paper seeks to address the legalities that may constrain such a powerful communication tool and a declaration of war.