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Comparative Analysis of International Human Rights and Criminal Law Approaches to Cyber Operations with Hate Speech Content | ||
| پژوهشنامه حقوق تطبیقی | ||
| Articles in Press, Accepted Manuscript, Available Online from 08 November 2025 | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2025.29829.1784 | ||
| Authors | ||
| Sattar Azizi* 1; Kian Biglarbeigi2 | ||
| 1Professor, Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran. | ||
| 2Ph.D. Candidate in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. | ||
| Receive Date: 21 August 2025, Revise Date: 28 October 2025, Accept Date: 08 November 2025 | ||
| Abstract | ||
| Freedom of expression is recognized as a fundamental civil and political right under the international human rights regime; however, this right may be subject to restrictions under specific circumstances. One of the most significant limitations arises in the context of the conflict between freedom of expression and hate speech—discourse aimed at denigrating or inciting violence against individuals or groups based on characteristics such as race, religion, gender,or political affiliation. In recent decades, the rapid development of modern information technologies and the increasing dependence of states on cyber infrastructures have paved the way for the emergence of a new type of conflict, referred to as “cyber warfare.” These conflicts, while opening new arenas for political, economic, and military interactions, have been accompanied by normative gaps and the absence of binding treaty-based rules at the international level, thereby raising serious questions regarding the responsibility of states, individuals, and the scope of their international obligations. Although the existing legal literature has primarily focused on the legitimacy of cyber operations within the framework of the law of armed conflict or international security, the role of hate speech content in such operations and its implications for the international responsibility of states and individuals have been far less systematically explored. Against this backdrop, this article, employing a descriptive-analytical approach and relying on library-based sources, seeks to answer a fundamental question: Can cyber operations containing hate speech be regarded as violations of the obligations of states and individuals under international human rights law and international criminal law in the context of cyber conflicts? The novelty of this study lies in highlighting the nexus between hate speech and cyber conflicts and elucidating the overlooked dimensions of international responsibility in this field—an endeavor that may contribute to advancing theoretical discourse and the gradual norm-building of international law in cyberspace. | ||
| Keywords | ||
| International Human Rights Law; International Criminal Law; Non-International Armed Conflict; Hate Speech; Cyberspace | ||
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