Journalists
“and media workers play a critical role in reporting on conflicts and providing
information to the public. However, they face significant risks and challenges
in conflict zones, including threats to their safety, freedom of expression,
and human rights. This paper discusses the international legal framework,
including international humanitarian law, human rights law, and international
criminal law, that establishes the rights and protections afforded to
journalists and media workers in conflict situations. The paper also explores
the challenges and obstacles faced by journalists and media workers in conflict
zones, including violence, censorship, impunity, and lack of access to
information and resources. Finally, the paper provides recommendations for
improving the protection of journalists and media workers in conflict zones,
including strengthening legal norms, enhancing accountability, promoting
freedom of expression, and providing support and resources to journalists and
media workers operating in conflict environments.
LITERATURE
REVIEW
1.
“Journalism under pressure in conflict zones:
A study of journalists and editors in
seven countries, by ‘Marte Hoiby and Rune Ottosen’”
The
authors interviewed 100 journalists and editors in seven countries and found
that safety is the biggest difficulty for war and conflict journalists. He
states that legal aspects of international warfare are underreported, and
reduced security means less presence and more second-hand journalism. The paper
contends that tactical targeting of journalists in conflict regions may distort
war reportage and lower journalistic quality.
2.
“Safety of journalists and media freedom: trends in non-EU countries from a
human rights perspective, by Jackie
Harrison, Sara Torsner”
Th
authors states that studies between 2002-2021show that the number of
journalists killed have decreased, but legally permissive settings have eroded
and other destructive media attacks have increased. “Political journalism is
most at risk, huge societal shocks or crises like the COVID-19 pandemic have
been extensively used as pretexts for invasive government actions to curtail
media freedom, and media pluralism and independence are diminishing. Most
murders go unpunished. Online hate speech and incarceration are rising. An
unambiguous reversal of worldwide authoritarian restrictions and media
repression is needed to counter the wide variety of overt and hidden threats.”
3.
“The Legal Protection of Journalists and Media in Conflict Zones,
by Judge Khalifa Abdullatif M J Al-Moslamani”
The
author “explores whether the international system for journalist protection in
armed conflict zones protects journalists and media and reviews covers
International Humanitarian Law, International Human Rights Law, and International,
Regional, and Non-Governmental Organization recommendations. The paper’s goal
is to determine if violence against journalists should be classified as war
crimes and/or crimes against humanity with automatic jurisdiction of the
International Criminal Court (ICC) in circumstances where national courts
cannot or will not prosecute. The final goal is to recommend ways to protect
conflict-zone journalists and media. As per study, International law does not
protect war correspondents. Inefficient general International Human Rights Law
and general International Humanitarian Law cannot preserve this profession that
protects democracy and the rule of law in Western democracies. the author
argues that journalists and media in crisis zones need treaty law immediately”
RESEARCH
OBJECTIVES
1. To critically examine and analyze the
existing legal norms and challenges related to the protection of journalists
and media workers in conflict zones, drawing on relevant legal frameworks, case
studies.
2. To understand the gaps and challenges in
protecting journalists and media workers in conflict zones, and may inform
policy and advocacy efforts to enhance their protection and promote compliance
with legal norms in this context.”
STATEMENT
OF THE RESEARCH PROBLEM
The
safety of journalists working in conflict areas is a serious problem that has
to be addressed immediately. In order to improve protection and support for
journalists and media professionals working in these difficult circumstances,
this research study will help comprehend the legal rules, difficulties, and
recommendations linked to the protection of journalists in conflict zones.
HYPOTHESIS
OF THE STUDY
The
legal norms and challenges related to the protection of journalists and media
workers in conflict zones are inadequately addressed, leading to increased
risks and violations of their rights, including threats, attacks, and impunity
for perpetrators.
CRITICAL
ANALYSIS
Protection of journalists under HR AND IHL framework
The
safety of journalists during armed “conflicts is greatly influenced by the
tenets of International Humanitarian Law (IHL), commonly referred to as the
rules of war. IHL seeks to lessen the suffering brought on by armed conflict
and to defend individuals who are not engaged in hostilities, such as
journalists. The protection of journalists during armed situations is notably
impacted by the following IHL principles:”
The
parties to an armed conflict must make a distinction between civilians and
military targets as well as between civilians and fighters in order to comply
with the concept of differentiation. Journalists who are only conducting their
journalistic duties and are not actively engaged in hostilities are regarded as
civilians and are therefore entitled to the protections provided to civilians
by IHL. IHL forbids any assault on journalists who are not actively
participating in hostilities.
The
participants to an armed conflict must ensure that the anticipated harm to
civilians or civilian property is not excessive in comparison to the
anticipated military advantage in order to comply with the proportionality
principle. This rule forbids attacks that would endanger civilians, including
journalists, more than they would benefit the military.
1. Precautions:
Under the precautions concept, all reasonable measures must be taken by parties
to an armed conflict to prevent harm to civilians and civilian property. This
entails taking precautions to prevent or reduce harm to journalists and their
equipment, including ensuring their safety, facilitating their work, and
safeguarding their tools and sources.
2. Respect
for fundamental rights: According to IHL, journalists have the same rights as
other citizens, such as the freedom of speech, the freedom of the press, and
access to information. Parties to an armed conflict are obligated to uphold
these rights and refrain from unnecessarily interfering with journalists'
ability to carry out their job tasks.
3. Investigation
and prosecution duties: Parties to an armed conflict have a duty to look into
and bring cases against those who harm journalists through acts of violence,
kidnapping, or harassment. According to IHL, attacks against journalists cannot
go unpunished, and parties to a dispute must take concrete steps to establish
accountability and stop future incidents.
4. Humanitarian
access: During an armed conflict, participants are obligated to make it
possible for aid workers, including journalists, to reach the afflicted areas
with their supplies. This entails giving reporters secure entry to combat areas
and enabling them to report freely, without interference or unreasonable
limitations.
IHL's
guiding principles offer a legal framework for safeguarding journalists in
times of hostilities. To safeguard the safety and security of journalists
engaged in their profession, parties to an armed conflict have a responsibility
to uphold these standards and take appropriate action. Even in the midst of
armed crises, upholding these principles is crucial to protecting journalists'
fundamental rights and fostering press freedom.
All
members of the media have a range of legal rights, including the right to life,
liberty, and security of person, a fair trial, equality before the law, and
recognition before the law; the right to privacy; the right to a family and
home; the right to physical integrity, etc. Attacks on reporters that violate
any of these rights as well as other laws (such as those against torture,
cruel, inhumane, or degrading treatment or punishment, and enforced
disappearance) are considered human rights violations. Some of them, such as
murder, torture, and other cruel, inhuman, or degrading treatment, as well as
enforced disappearance, may constitute international crimes that subject
perpetrators to both State responsibility and personal criminal liability.
Journalists and humanitarian workers are specifically protected under
international law when there is armed conflict. Journalists in conflict areas
are entitled to protection and treatment as civilians under Article 79 of
Additional Protocol I of the Geneva Conventions, which codifies a
long-standing norm. This applies as long as they do not take part in
hostilities.
The
United Nations Security Council's adoption of Resolution 2222 on May 27, 2015,
which enhances and extends Resolution 1738 from 2006, reminds all parties to
armed conflict of their responsibility to respect journalists and to shield
them from all forms of violence. Also, the UN General Assembly addressed the
problem in resolutions 68/163 and 69/185, which call on member nations to
coordinate efforts to stop violence against journalists.
Journalists
are entitled to the same rights as everyone else, including the freedom to free
speech which is not unqualified. Its use “carries with it special responsibilities
and duties” and “may be subject to some limitations which are provided by law
and are necessary for the protection of national security, public order, public
health, or morals.
According
to IHL, journalists are entitled to all the same protections as civilians
during times of war. Journalists engaged in hazardous professional missions in
armed conflict “shall be considered as civilians” and “be protected as such”
under IHL, “provided that they take no action adversely affecting their status
as civilians, and without prejudice to the right of war correspondents
accredited to the armed forces to the status“. War
correspondents are included in the definition of prisoners of war under Article
4(4), provided that
they have permission from the armed forces they are accompanying. This implies
that upon capture, war reporters are eligible for prisoner-of-war status. In
fact, “civilian journalists” are distinguished from “war correspondents” by
IHL, with whom they shouldn't be mistaken. War correspondents are journalists
who cover an armed force without actually serving in it. They shouldn't be
attacked because they are civilians. Contrary to other journalists, war
correspondents have the right to become prisoners of war after being taken
prisoner. “Embedded journalists,” also known as journalists who accompany
military units without becoming members, are closely related to war
correspondents. IHL does not distinguish between war correspondents and other
journalists in non-international armed situations, and journalists are afforded
the same protections as other civilians. Those who are not in the military are
known as civilians. When and for as long as they directly participate in
hostilities, journalists, like other civilians, lose their protection from
assault.
Also, just like any other visitor to a foreign country, journalists must abide
by its internal laws regarding entry into its territory. Journalists who enter
a nation illegally risk losing their ability to live and work there. A war
crime occurs when civilians, including journalists, are intentionally attacked.
Only if they actively take part in hostilities, journalists will be stripped of
this protection. Participation excludes responsibilities like speaking with
civilians or fighters for interviews, taking still or moving photos, recording
audio, or performing any other typical journalistic duties. Direct
participation does not even include a journalist spreading propaganda.
The State as a whole is responsible
for upholding and ensuring the upholding of the human rights of journalists and
other media professionals. It includes a state's positive
obligation to safeguard citizens from any action that would interfere with
their ability to enjoy their rights, including by taking appropriate action or
using due diligence to stop any harm brought on by private individuals or
companies. This duty to safeguard is especially crucial when non-State actors
who can also be held accountable for attacks against journalists make threats
and engage in actual attacks against them. States have a responsibility to
adequately investigate claims of IHRL or IHL violations and bring those who are
accountable to justice.
So,
with some particularity, international law provides journalists with the
protection regime given to civilians in the event of armed conflict, whether it
has an international or non-international character.
Challenges faced by journalists in regions of armed
conflicts
Some
have claimed that the protection offered by international legal framework has
to be improved by making it more precise and well-tailored in light of the
threats that journalists have been encountering in contemporary conflicts,
while others think that the existing protection should be adequate if properly
enforced. Whatever the optimal course of action, it is undeniable that, as
shown by the attacks against journalists and other civilians alike, the
majority of the time, the implementation of legal rules relating to the
protection of journalists on the ground has been ineffective. The issue with
the ongoing and rising violence against journalists, “is not a lack of legal
standards, but a lack of application of existing norms and standards.”
It
is rightly said ‘Truth is the first
victim in a war”. When covering conflicts, reporters might become potential
targets. Journalists might put themselves in danger by disclosing stories of
atrocities and war crimes and conveying crucial information from the field.
Recent
incidents of journalists Syria has been embroiled in a protracted civil war
since 2011, and journalists covering the conflict have faced significant
threats to their safety and security. For example, in April 2021, a prominent
Syrian photojournalist was killed while covering fighting between government
forces and opposition groups in the town of Hama; he was known for his
documentation of the Syrian conflict and had previously reported on the
humanitarian crisis in the country. In another case, in February 2020, three
Syrian journalists, were killed by an explosive device while covering the
fighting in Idlib province. They were reporting on the impact of the conflict
on civilians and had been covering the dire humanitarian situation in the
region.
In
August 2021, Danish Siddiqui, an Indian Pulitzer Prize-winning photojournalist,
was killed while covering fighting between Afghan security forces and the
Taliban in the Spin Boldak district of Kandahar province. Siddiqui, who worked
for Reuters, was known for his coverage of conflicts and humanitarian crises.
Since the military coup in Myanmar in February 2021, journalists have been
targeted for their coverage of the protests and crackdown by the military
junta. Many journalists have been arrested, injured, or killed while reporting
on the conflict in Myanmar. In the ongoing conflict in the Tigray region of
Ethiopia, journalists have faced harassment, detention, and violence. In
November 2020, Dawit Kebede Araya, a reporter for the Tigray Media House, was
killed while covering the conflict. Several other journalists have been
arrested or faced threats while reporting on the conflict in Ethiopia.
Journalists covering the conflict in Yemen face significant risks, including
threats, attacks, and arbitrary detention. In May 2021, photographer Nabil
Hasan al-Quaety was killed by unidentified gunmen in Aden. Al-Quaety had been
documenting the humanitarian impact of the conflict in Yemen. Journalists and
media workers continue to face dangers in the protracted conflict in Syria,
including targeted attacks, kidnappings, and killings. In March 2021,
journalist Luay Kaheel was killed by unknown assailants in Idlib province while
covering the conflict.
Such
violence is a serious blow to IHL principles and puts at risk the respect for
HRs like freedom of expression and the right to protection and security.
Lack
of national execution of pertinent norms and standards continues to be the
fundamental issue with insufficient journalist protection. One of the issues
with respecting journalists' human rights is the insufficient legal framework
in many nations, especially article 19 of the ICCPR,
which restricts the freedom of expression guaranteed by the IHRL. However,
there are legal and constitutional limitations that could endanger the safety
of journalists as well as a lack of state ratification of pertinent
international human rights treaties. Despite the fact that the majority of
nations have constitutional protections for press freedom and freedom of
expression, these protections have nearly always been undermined in reality as
well as by limitations in the constitutional text itself, such as the phrase “within
the bounds of the law.”
A
study shows that laws governing the criminal code, the media, and cybercrime
limit communication have subjected journalists to a wide range of limitations
that go beyond what the ICCPR enables in the majority of Gulf Cooperation
Council (GCC) countries.
These restrictions include requiring journalists and media outlets to have
licences, outlawing criticism of the government and its leaders, banning
materials that hurt the national economy, requiring accuracy in reporting, and
other too broad prohibitions.
The
cases mentioned above are just a few examples of the ongoing risks faced by
journalists in armed conflicts worldwide. These incidents highlight the
importance of addressing the protection of journalists and media workers in
conflict zones, and the need for further research, advocacy, and action to
safeguard their safety, freedom of expression, and human rights.
These
cases highlight the dangers that journalists face in conflict zones, including
the risk of being caught in the crossfire, targeted attacks, and the challenges
of operating in a volatile and unpredictable environment. Journalists covering
armed conflicts often face threats to their safety, freedom of expression, and
human rights, including harassment, detention, censorship, and violence. These
incidents also underscore the importance of addressing the legal norms and
challenges related to the protection of journalists in conflict zones. Efforts
to improve the safety and security of journalists in conflict environments,
including enhancing legal norms, accountability mechanisms, freedom of
expression, and support for journalists and media workers, are crucial to
ensuring their protection and upholding the role of journalism in reporting on
conflicts and promoting accountability for human rights violations.
Further
research and action are needed to better understand the challenges faced by
journalists in conflict zones and to develop effective strategies to protect
their rights and safety. The international community, including states,
international organizations, civil society, and media organizations, must work
together to prioritize the protection of journalists in conflict zones and
promote a safe and enabling environment for them to carry out their important
work.
CONCLUSION
AND SUGGESTIONS
Any
journalist who is working outdoors must be aware of their rights. All pertinent
parties have a crucial role to play in resolving challenges aforementioned.
States are primarily accountable for upholding and upholding the rules of
international law, preventing their transgressions, and holding offenders
accountable. Ratifying pertinent international agreements and putting in place
suitable legal frameworks that ensure effective protection in accordance with
prevailing human rights norms are necessary for this. It is now widely accepted
“that all parties to an armed conflict, whether states or non-state actors, are
obliged by international humanitarian law.”
One
key recommendation is the need for increased adherence to existing legal
frameworks and international standards, such as the Geneva Conventions and ICC
provisions, to ensure that journalists are recognized as civilians and afforded
appropriate protections. Strengthening accountability mechanisms to hold
perpetrators of violence against journalists during armed conflicts accountable
is also crucial. Governments, armed groups, and other stakeholders should be
held responsible for any violations of journalists' rights and freedoms, and
impunity for attacks on journalists must be addressed.
Furthermore,
there is a need to enhance safety protocols and training programs for
journalists working in conflict zones. Media organizations, governments, and
international organizations should provide comprehensive safety training to
journalists, including risk assessment, first aid, and psychological support.
Journalists should also be equipped with appropriate protective gear and
technology, such as bulletproof vests, helmets, and communication devices, to
enhance their safety and security.
The
international community, as represented by the UN and other international
organisations, must simultaneously step up efforts and resources to ensure that
provisions of HR and IHL pertaining to the protection of journalists are
adhered to more effectively.
Focused,
concentrated, and coordinated action is required among the region's relevant
actors. All attempts will be ineffective without a “home-grown” action
strategy. The sharing and cross-fertilization of experiences, which is also
crucial, can be ensured by working with equivalents in different parts of the
world. It is necessary to expand and fortify cooperation with international
organisations like the UN and International Committee of the Red Cross (ICRC).
The shared language and glue for guaranteeing successful outcomes should be
technical cooperation, conversation, common methods, synergy, and common values
rooted in international HRs standards and applicable international law. The
safety of reporters is still correlated with the safety of HRs in general and
the safety of people during armed conflict.
BIBLIOGRAPHY
TREATIES AND CONVENTIONS
1. International Covenant on Civil and
Political Rights
2. 1949 Geneva Conventions and Additional
Protocols.
ONLINE
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