Social media as a digital weapon in modern warfare: rethinking incitement to genocide and complicity in the digital age

Abstract This article examines the evolving role of social media in the commission of international crimes, focusing on its function as a ‘digital weapon’ in the context of mass violence. Using Facebook’s influence in the persecution of the Rohingya in Myanmar as a case study, it illustrates how algorithmic amplification and inadequate moderation facilitated the spread of incitement and contributed to real-world atrocities. Building on the jurisprudence of the International Criminal Tribunal for Rwanda, the article reconsiders the elements of direct and public incitement to genocide, namely publicity, directness, and intent, in the digital age. It then turns to the framework of aiding and abetting liability, analysing whether the conduct of social media executives can meet the thresholds of substantial contribution and knowledge or purpose. The discussion situates these questions within the broader debate on platform responsibility, interrogating the limits of the ‘neutral intermediary’ defence and the risks posed to freedom of expression. Ultimately, it argues for clarifying accountability standards to ensure international criminal law remains responsive to digital-age harms.