Journalists and media professionals play a critical role in documenting and disseminating the realities of armed conflict. Their work informs global public opinion, holds power to account, and contributes to the historical record. However, reporting from conflict zones exposes them to life-threatening risks, including targeted attacks, abductions, detentions, and killings.
Role of Journalists in Armed Conflict
Journalists and war correspondents serve several essential functions during armed conflicts:
- Documenting Events: They provide factual accounts from the ground, often at great personal risk.
- Promoting Accountability: By exposing war crimes and human rights abuses, journalists contribute to the enforcement of international law.
- Facilitating Humanitarian Responses: Accurate reporting can guide the actions of humanitarian agencies by highlighting areas of need.
- Shaping Public Opinion and Policy: Media coverage influences public perception and can shape diplomatic or military responses.
Despite their importance, journalists often operate in environments where their safety is compromised, and their neutrality is disregarded.
Legal Protection of Journalists in Armed Conflict
1. International Humanitarian Law (IHL)
IHL provides specific protection to journalists under the Geneva Conventions and their Additional Protocols.
Article 79 of Additional Protocol I (1977) to the Geneva Conventions:
“Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians … and shall be protected as such.”
This means that journalists, unless taking a direct part in hostilities, must not be made the object of attack.
- Fourth Geneva Convention (1949): Protects civilians in times of war, and journalists are included in this category.
However, IHL distinguishes between:
- War correspondents, accredited by armed forces and embedded within them.
- Independent journalists who operate without military protection but retain civilian status.
2. International Human Rights Law
Human rights instruments continue to apply during armed conflict unless lawfully derogated. Notably:
- Article 19 of the International Covenant on Civil and Political Rights (ICCPR) guarantees the right to freedom of expression and access to information.
- The Universal Declaration of Human Rights (UDHR) also protects press freedom under Article 19.
3. Customary International Law
The ICRC’s Customary IHL Database (Rule 34) affirms the protection of journalists as civilians, recognising the obligations of all parties in conflict to safeguard them.
4. United Nations Resolutions
UN Security Council Resolution 1738 (2006) specifically condemns attacks against journalists in conflict zones and calls upon all parties to respect their civilian status.
UNESCO has also led initiatives under its “Safety of Journalists” program, emphasising state responsibility to investigate attacks.
Ethical Responsibilities and Challenges
While legal instruments provide a framework for protection, ethical considerations often guide journalists in real-time:
1. Objectivity and Neutrality
Journalists must strive for impartiality, even in environments where competing narratives abound. Embedded journalism, for instance, may compromise perceived neutrality.
2. Verification and Sensitivity
Reporting must avoid sensationalism, particularly in cases involving civilian casualties or war crimes. The principle of “do no harm” often applies to conflict reporting.
3. Consent and Confidentiality
Journalists must obtain informed consent from interviewees, especially vulnerable individuals such as refugees or victims of sexual violence. They also must protect the identity of sources at risk.
4. Role in Propaganda
Journalists can inadvertently become tools of propaganda or psychological operations, especially in asymmetric warfare. This raises moral dilemmas and demands editorial vigilance.
Ground Realities and Threats Faced by Journalists
Despite legal protections, journalists remain frequent targets in conflict zones.
1. Casualties and Violence
Committee to Protect Journalists (CPJ) reported that more than 2,000 journalists have been killed globally since 1992, with a significant portion during conflict reporting.
Cases in Point:
- Marie Colvin, an American journalist killed in Syria in 2012, reportedly targeted for her reporting.
- Shireen Abu Akleh, an Al Jazeera journalist shot during an Israeli raid in 2022.
2. Detention and Hostage-taking
Journalists are often detained by state actors or kidnapped by non-state groups. Such detentions often violate international legal norms, particularly when done without trial.
Case:
- Jason Rezaian, a Washington Post journalist, was detained in Iran on espionage charges despite no credible evidence.
3. Surveillance and Cyber Threats
In the digital age, surveillance tools are used to track, intimidate, or eliminate journalists. The Pegasus spyware scandal revealed how media professionals were being monitored globally.
4. Impunity for Crimes Against Journalists
One of the biggest challenges is the lack of accountability. According to UNESCO, nearly 9 out of 10 killings of journalists go unpunished.
India’s Perspective on Journalists and Armed Conflict
India, being affected by both cross-border and internal armed conflicts (e.g., Kashmir, insurgency in the Northeast, and Naxalism), presents a unique context for journalists:
- In conflict zones like Jammu & Kashmir, journalists have reported arbitrary detentions, internet shutdowns, and harassment.
- The Public Safety Act (PSA) has been criticised for being misused against journalists such as Fahad Shah and Asif Sultan.
- The Press Council of India, while a watchdog, lacks punitive powers and often falls short in protecting journalists under threat.
- Laws such as the Unlawful Activities (Prevention) Act (UAPA) have been invoked against reporters, raising questions about the suppression of press freedom.
Recommendations and Way Forward
1. Strengthen Legal Frameworks
- Ratification of Additional Protocol I by all countries (including the U.S. and Israel, which have not ratified it) would strengthen protections.
- Enact national laws that criminalise attacks on journalists and ensure swift investigations.
2. End Impunity
- States must establish independent judicial mechanisms or support international criminal courts to prosecute perpetrators.
- The UN Plan of Action on the Safety of Journalists and the Issue of Impunity (2012) should be implemented in letter and spirit.
3. Safety Training and Protective Equipment
- Journalists covering conflict must receive safety training and be equipped with flak jackets, helmets, and first-aid kits.
- Media organisations must develop risk assessment protocols and ensure insurance coverage.
4. Use of Technology and Secure Communication
- Encryption tools, anonymous reporting mechanisms, and cybersecurity training should be standard practice.
- Initiatives like the Global Encryption Coalition and Reporters Without Borders’ Safety Guide are useful resources.
5. Promote Ethical Journalism
- Encourage adherence to codes such as the International Federation of Journalists’ Global Charter of Ethics for Journalists.
- Media houses should establish internal ombudsman offices to monitor standards.
Conclusion
Journalists and media professionals are indispensable in the age of real-time war reporting and digital warfare. However, the legal protections afforded to them are often inadequate or ignored. As conflicts become more complex and globalised, the need to protect these truth-seekers becomes all the more urgent. The safety and integrity of conflict journalism can be better ensured through legal reform, international cooperation, ethical media practices, and technological adaptation. At its heart, protecting journalists is about preserving the public’s right to know—even during war.
References
[1] Geneva Conventions and Additional Protocol I (1977), Article 79
[2] International Committee of the Red Cross (ICRC) – Customary IHL Database, Rule 34
[3] United Nations Security Council Resolution 1738 (2006)
[4] International Covenant on Civil and Political Rights (ICCPR), Article 19
[5] Universal Declaration of Human Rights (UDHR), Article 19
[6] Committee to Protect Journalists
[7] UNESCO, “World Trends in Freedom of Expression and Media Development”
[8] Relatives of journalist Marie Colvin sue Syria for her death, Available Here
[9] UN experts demand justice for Al Jazeera journalist on one year anniversary of her killing, Available Here
[10] Pegasus spyware and the surveillance of journalists, Available Here
