Freedom of Speech in the Conditions of an Armed Conflict
摘要
The chapter explores the intricate balance between freedom of speech and state security during armed conflict, focusing on judicial precedents from the European Court of Human Rights (ECHR) and national legislations. It examines how Article 10 of the ECHR, while guaranteeing freedom of expression, allows for restrictions in the interest of national security, public safety, and territorial integrity. Highlighted through examples from Ukraine, Bosnia and Herzegovina, and Turkey, the discussion underscores varying approaches and legal outcomes concerning hate speech, propaganda, and the dissemination of controversial views during wartime. Case studies include contentious issues such as incitement to refuse military service, ethnic hatred, and support for separatist movements, illustrating the complex challenges faced by courts in safeguarding both democratic freedoms and national stability amidst conflict.