Article

The protection of journalists in armed conflicts

by Robin Geiss

• German yearbook of international law = Jahrbuch für internationales Recht, Vol. 51, 2008, p. 289-319

English

Photocopies

The author evaluates protections for journalists under IHL. Currently, most journalists are afforded the same level of protection as citizens, with the exception that war correspondents are afforded prisoner of war (POW) status upon capture. The author discusses the distinction between journalists and war correspondents, as well as whether there is a need to extend special protections beyond the current regime. The application of IHL to such individuals is complicated. Both journalists and war correspondents lose their respective protections if they directly participate in hostilities. However, attempting to define direct participation with regard to journalists raises particular challenges, since the job often requires transmitting information of strategic military value. Difficulties also arise when endeavouring to designate broadcasting stations as either civilian or military objects, since they often have both civilian and potential military uses. Similarly, journalistic access to combat areas creates tension between obligations to protect non-combatants and the importance of recording atrocities. Finally, there is also an inherent difficulty in distinguishing news-gathering from espionage, which can lead to complications around arrest and detention. As a solution, the author suggests that improving compliance with existing rules through systematic investigation, prosecution and sanction for violations of IHL would be more effective than amending the existing legal framework. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]