Information Manoeuvre and the Netherlands Armed Forces: Legal Challenges Ahead

With the Defence White Paper “Defence Vision 2035”, the Netherlands have articulated that its armed forces need to be capable to execute ‘information-driven operations’. This intent reflects the threats and opportunities emerging from the inception of cyberspace, with the Russia-Ukraine war as a case in point. Cyberspace has unlocked the information environment, raising obvious concerns about the use of data and potential infringements of privacy since it simultaneously gives new impetus to use data to improve military intelligence and understanding, enhance decision making, but moreover to use information as a ‘weapon’ of influence. However, while (nascent) capacity and will to employ the armed forces in the information environment are present, parts of the conceptual component cause friction. The principal cause for this is the current legal framework applicable to information manoeuvre, that seriously hampers training and preparing for operations. The ‘lacuna’ must be dealt with, for it would be hypocritical to demand security without empowering the agencies with the tools that ensures their readiness for deployment.