GENERAL ASSEMBLY: THIRD COMMITTEE

SOCIAL, HUMANITARIAN AND CULTRUAL

PROTECTION OF REPORTERS IN
CONFLICT ZONES

Greetings,
It is with great excitement that I welcome you to the Committee. My name is Magdalene
Victoria, a sophomore majoring in law at Universitas Indonesia. A little about me: I have
always been exposed to international matters since the age of fifteen and I intend to continue
this passion throughout college. Upon entering university, I became one of UIs
representative individuals to The European International MUN (TEIMUN) 2014 at the
Hague, Netherlands and appointed Head of the UI delegation for 2015. I also had the
opportunity to chair several MUNsJakarta MUN and Indonesia MUN are among them. I
recently had the privilege of representing Indonesia in Hong Kong for the 13th Red Cross
International Moot Court Competition until the semi-finals, after having represented UI at a
national level alongside a team of three law students.
On a lighter note I am a humanitarian activist; previous Vice President of UI MUN Club
General Assembly; BEM FH Departement Keilmuan & Pendidikan; and an active member of
FH International Moot Court Society. Many have express to measure their ability in MUN
through awards however mine is to teach. Therefore I hope to see a debate full of bright and
enthusiastic participants who takes risks to a certain conviction.

Sincerely,
Magdalene Victoria
Chair of the Social, Humanitarian, and Cultural Affairs Committee.

Hi delegates,
First of all let me welcome you guys to the ALSA 19th E-Comp Model United Nations 2015!
Im Zaslyn Annisa and its my privilege to serve as one of the group administrator known as
dais for Social, Humanitarian and cultural council and I am looking forward to work with you
in the conference.
I am actually a freshmen on my 2nd term that majoring law on the University of Indonesia.
My interest upon Model United Nation was firstly develop when I was in Senior High School
attending my very first ALSA E-Comp. Though it didnt turned out as splendid as I expected,
that doesnt automatically deprive my interest in those field up until now, because I
personally believe that losing something doesnt necessary means that you are the loser, it all
depends on your attitude towards the circumstances.
This year Social, Humanitarian and cultural council on ALSA E-COMP MUN 2015 offers
captivating topic to create possible endeavors that countenance the safety of journalists,
which lately has been the hottest issue around the globe. Therefore, I am so excited to see
heated debate session consist of fresh ideas and concrete arguments and of course the final
resolution from all of your brilliant mind at the end of the conference. I do believe that all of
you will have the time of your life in the conference room, and well see each other very
soon. May the odds be ever in your favor, delegates!

Sincerely,
Zasslyn Annisa
Dais of the Social, Humanitarian, and Cultural Affairs Committee.

Greeting delegates,
Its is with great honor that i welcome you the committe of SOCHUM. My name is Rafif
Muhammad Rizqullah, a senior in Faculty of law Universitas Padadjaran. I have also been a
person who are keen to in pursue of knowledge and has been exposed towards the
International society since i was born. Born in Australia envisioned me with a lot of different
perspective of seeing people with diffrent country and perspective and this makes me the
person i am right now.
I have always been an active person in order to seek more knowledge on the perspective of
people and the pursue of knowledge itself, by highschool itself i have become the Indonesian
delegatefor east-west centre program to washington, a captain of the debate team, and the
national winner of the National Economic debate.
My extensive way of journey continues in highschool where i am trusted as the indonesian
delegates for the manfred lachs moot court competition in the asia pacific roun and followed
by my experience as the Universitas Padjadjaran delegates for the Harvard National Model
United Nations 2014, serving in the legal comittee.
I am thrill to see you in the committee to stimulate the pursue of knowledge through the issue
aperehend through an exensive of solutive debate.

Sincerely,
Rafif Muhammad Rizqullah
Dais of the Social, Humanitarian, and Cultural Affairs Committee

History of the Committee

After the League of Nations failure in arbitrating the conflicts that led up to World
War II, the United Nations was established and sets the principles for international
collaboration in maintaining peace and security.1 All members of the United Nations
are represented in the General Assembly, which closely resembles a world parliament,
and are expected to meet on a regular basis. Each country, large or small, rich or poor,
has a single vote. None of the decisions taken by the Assembly however, are binding.
Nevertheless, the Assembly's decisions become a resolution that carries the weight of
governments around the world.
The General Assembly decides on issues of international peace and security. Due to
the great number of questions called upon to consider, the Assembly allocates items
relevant to its work among its six Main Committees. One of them is the Third
Committee: The Social, Humanitarian, and Cultural Affairs Committee (SOCHUM).
SOCHUM is tasked with a broad mandate surrounding social, humanitarian and
human rights issues from around the globe. Since the General Assembly often deals
with human rights matter, therefore Resolutions and Conventions related to such topic
is negotiated by this committee.2
SOCHUM is simultaneously in session with the General Assembly. The Assembly
allocates issues in accordance with the follow up questions that arise during its
previous sessions relating to (i) the advancement of women; (ii) the protection of
children, indigenous issues; (iii) the treatment of refugees; (iv) the promotion of
fundamental freedoms through the elimination of racism and racial discrimination;
and (v) the right to self-determination.3
One mandate of this Committee is the ability to compose draft resolutions which will
be introduced and presented to the General Assembly, subject to the adoption of the
resolution. The sixty-eighth session of GA marks over 70 Draft Resolutions being
considered. Half of which, were submitted under the human rights agenda alone.
This years topic of Protection of Journalists in Conflict Zones signifies the risk
journalists had to withstand to seek a coverage of areas in times of conflict.

1 The Third Committee, http://www.humanrights.ch/en/standards/un-institutions/ga/ , (August 19,

2011)
2 Ibid.
3 Social, Humanitarian & Cultural , Third Committee http://www.un.org/en/ga/third/, (August 24, 2014).

Topic Area: The Protection of Journalists in Conflict Zones

The years of 2011 and 2012 were among the horriyfying years for journalists
reporting from conflict situations worldwide. The number of assaults, arrests and
attacks have been on a constant rise and portray ad ramatic image of the journalistic
profession. In light of the increasing threats in armed conflicts, being a war reporter
has become an inherently dangerous task. Journalist are not only at risk of becoming
so-called collateral damage during millitary operations, they are also increasingly
targeted. Their role as a watchdog and witness to the horrors of war, in addition to the
undeniable power of the word and image they spread, has made them a popular
targets. It is therefore essential that the international community reevaluate journalist
de jure and de facto protections in armed conflicts to allow for better safeguards and
consequently less casualties in the imminent future.
This article examines the current protections afforded to journalists and aims at
detecting proposals for enhanced safeguards that are most likely to eeffectively
improve journalist safety in the field. In this regard to this article will argue that the
legal protections are in fact sufficient and hardly amendable and that therefore, a more
practical, hands on approach to implementation of those protections must be the focus
of future actions. This goal can only be achieved by a comprehensive mission jointly
pursued by governments, millitaries, journalists, media , NGOs and society.

Current Status Of Journalists in Conflict Zones

The Reporters Without Borders Press Freedom Barometer proves that countries
involved in violent conflict are dangerous places for media professionals with 37
journalists killed in Iraq since the beginning of 2006, 3 in Sri Lanka and Colombia, 2
in Afghanistan. But also the figures from countries like Mexico (7 deaths), Russia (3)
the Philippines (2) and China (2) show that the lives of journalists are threatened even
in states that do not have discernible war zones.
The Committee to Protect Journalists (CPJ) recently published details about 580
journalists that were killed in the line of duty worldwide between January 1992 and
August 2006. According to these data, 71,4% were murdered, 18,4% died in crossfire
or in combat-related circumstances and 10% during other dangerous assignments.
Print reporters face the greatest risk of death, except in few parts of the world like the
Philippines and India where radio journalists and TV reporters have a higher risk of
being killed.
Status of journalists and war correspondents in case of conflict
Journalist deaths typically spike in times of war, from about 26 in years without
major conflict to roughly 46 in years of significant warfare. Several of the

deadliest countries for journalists Iraq, Algeria, Colombia, and Bosnia, for
example reflect the wars that have endangered all citizens.
In times of violent conflict, the dangers journalists are exposed to are more imminent
than in ordinary times. Independent, precise and professional information is
particularly vital under these circumstances. 137 journalists and media staff have been
killed since the beginning of the Iraq war, which is the deadliest conflict for media
professionals since the Second World War. Recent conflicts in Lebanon or in Somalia
have shown that, once more, journalists working in conflict zones are particularly
vulnerable, despite the fact that attacks against journalists and media equipment are
illegal under international humanitarian law, which protects civilian persons and
objects, as long as they are not making an effective contribution to military action.
Even though media professionals working in conflict zones have the status of
civilians, this status and thus international humanitarian law is less and less respected
by some belligerents. According to the analysis carried out by CPJ, journalists
working in war zones (especially local reporters) are usually not killed by an errant
bullet. In fact, they are usually murdered. Crossfire in combat is just the secondleading cause of deaths, although it is the major cause of international journalists
deaths.
Since journalists and war correspondents covering conflicts do not receive a full
safety guarantee by the belligerents, it is the responsibility of the media institution
that sends them into conflict zones to limit the risks and to provide protection, basic
guaranties and, if necessary, compensation no matter if they are salaried or
freelancers, local or international journalists. Protection should in no case constitute
an embedding by military forces as it was the case during the Iraq war or by
governmental authorities. Instead, military forces should be informed about the rights
of journalists in conflict zones. In 2005, CPJ and Human Rights Watch urged U.S.
Defense Secretary Donald Rumsfeld to take basic steps to improve safety at military
checkpoints in Iraq. The recommendations, many echoed by rank-and-file military
officials, called for the use of non-lethal measures such as spike strips to disable
vehicles; the use of international symbols to warn drivers; and the use of warning
lights. Military forces must be willing to investigate journalist killings, even when
they are unintentional.
War reporting is inherently dangerous. Indeed, it could arguably be one of the
most dangerous occupations in the world. Still, out of sense of professional duty,
many journalists and media professional[s] make the courageous choice to go to
conflict zones, so as to tell the world about the stories of armed conflicts and the
human cost they entail. Amidst the so-called fog of war, they play a vital role in
keeping the world informed and ensuring that our responses are based on the facts

and truths unfolding on the ground.4

This statement accurately illustrates that in times of armed conflict, be it international
or non-international, the medias surveillance role and their importance in informing
the population are enhanced.5 This is mainly due to the fact that during war,6 a
functioning civil society that critically monitors the behaviour of the government and
military is often absent. 7 The media is the main, if not the sole, transmitter of
information on breaches of international security8 and the primary medium through
which people gain a clear picture of a (distant) situation.9 This essential role makes
the media one of the most powerful tools in waging war. As NewsWatch Canadas
Co-Director Robert A. Hackett stated, [i]n war time, media are not mere observers
but simultaneously a source of intelligence, a combatant, a weapon, target, and a
battlefield.10
As a consequence of this, conflicts and media enjoy an intricate and mutual
relationship. 11 Reporting on armed conflict, and doing so exclusively, is highly
profitable. Further, news coverage of war can function as an effective propaganda
strategy to obtain a competitive advantage.12 Due to the medias power in influencing
the audiences opinion, media personnel13 are often hindered from executing their
scrutinising and educative roles. Not only are they frequently bound by regulations
from their own media outlet, but also by strict guidelines from their national
government or the government of the country they are reporting from.14 Freedom of
expression and information, which are the foundation of democracy and among the
most essential human rights,15 are frequently under threat, as the fear of the power of

4 K Kang, Opening Remarks by Ms. Kyung-wha Kang Deputy High Commissioner for Human Rights at the panel discussion on the
protection of journalists
th

in armed conflict (14 session of the Human Rights Council, Geneva) (OHCHR, 4 June 2010)
5 This function of the media is often referred to as the fourth estate. See D Dadge, The War in Iraq and Why the Media Failed
Us (Praeger 2006) 1
6 The terms war and armed conflict are used interchangeably.
7 S Kagan and H Durham, The Media and International Humanitarian Law: Legal Protections for Journalists (2010) 16 Pacific

Journalism Review 96, 96-97

8 I Detter, The Law of War (2nd edn, Cambridge University Press 2000) 323; A Kupfer-Schneider, International Media and

Conflict Resolution: Making the Con-nection (2009) 93 Marquette Law Review 1, 6; A Mukherjee, Protection of Journalists
under International Humanitarian Law (1995) 17 Communications and the Law 27, 28.
9 See BA Taleb, The Bewildered Herd: Media Coverage of International Conflicts and Public Opinion, (iUniverse Inc 2004).
10 RA Hackett, Journalism versus Peace? Notes on a Problematic Relationship (2007) 2 Global Media Journal: Mediterranean

Edition 47, 48.

11 SL Carruthers, The Media at War (2nd edn, Palgrave Macmillan 2011) 1, 5.
12 HD Laswell, Propaganda Technique in the World War (Peter Smith 1927); JM Lisosky and JR Henrichsen, War on Words:

Who Should Protect Journalists (Praeger 2011) xix; G Spencer, The Media and Peace: From Vietnam to the War on Terror
(Palgrave Macmillan 2005); Taleb (n 6).
13 Defined by the Committee of Ministers of the Council of Europe in Recommendation No. 4 as covering all representatives of

the media, namely all those engaged in the collection, processing and dissemination of news and information including
cameramen and photographers, as well as support staff such as drivers and interpreters.
14 See eg H Tumber and J Palmer, Media at War: The Iraq Crisis (SAGE Publications Ltd 2004, reprint 2006).
15 Enshrined in International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March

1976) 999 UNTS 171 (ICCPR) art 19; European Convention for the Protection of Human Rights and Fundamental Freedoms, as
amended by Protocols Nos 11 and 14 (adopted 4 November 1950, entered into force 3 September 1953) art 10; Lisosky and
Henrichsen, War on Words (n 9) xx; G Verschingel, Towards a Better Protection for Journalists in Armed Conflicts (2008/9)

words and images drastically limits journalists leeway to report.16

Thus, a close link between the protection of journalists and the maintenance of
freedom of expression can be detected.17 In fact, it could be argued that targeting
journalists is a direct attack against freedom of expression and hence against
democracy. 18 As Kochiro Matsuura, Director-General of the United Nations
Educational, Scientific and Cultural Organisation (UNESCO), highlighted, [e]very
aggression against a journalist is an attack on our most fundamental freedoms. Press
freedom and freedom of expression cannot be enjoyed without basic security.19
History and General Distinctions
War reporting is a distinct type of journalism that has gained popularity over the past
decades, while drastically changing its form and purpose to align with the rapidly
shifting nature of wars worldwide. While journalists have covered wars as early as the
Crimean War and American Civil War, 20 their engagement has increasingly
professionalised, seeing a rise in the use of audio and visual means (World Wars I and
II and the Vietnam War),21 (real-time) TV reporting (Persian Gulf and Yugoslav
wars)22 and most recently, 24/7 news and cyber journalism (Afghanistan and Iraq
wars),23 as well as the involvement of local citizens in journalistic activities (Arab
uprisings).24 The role of the journalist, from an observer to an actual member of the
conflict, and the involvement of the general population in journalistic activities has
changed drastically. This is enhanced by the fact that wars are, today, not solely
fought by means of war machinery but also by (dis)information and the control
thereof the phenomenon of information warfare.25

45 Jura Falconis 435.
16 Detter (n 5) 323; MD Kirkby and LJ Jackson, International Humanitarian Law and the Protection of Media Personnel (1986)

9 University of New South Wales Law Journal 1.

17 C

Zangh, The Protection of Journalists in Armed Conflicts in PA Fernndez-Snchez (ed), The New Challenges of
Humanitarian Law in Armed Conflicts (Mar-tinus Nijhoff Publishers 2005) 146

18 JM Lisosky and JR Henrichsen, Dont Shoot the Messenger: Prospects for Protecting Journalists in Conflict Situations

(2009) 2 Media, War & Conflict 129; JM Lisosky and JR Henrichsen, War on Words (n 9) xviii.
19 UNESCO,

Press Freedom Safety of Journalists and Impunity (2008) 4

Howard Russell is considered the first modern war reporter. See A Lambert, The Crimean War BBC (London, 29
March 2011) <http://www.bbc.co.uk/ history/british/victorians/crimea_01.shtml> accessed 3 October 2012; LP Masur, The
Special Correspondent The New York Times (New York, 24 March 2011)
<http://opinionator.blogs.nytimes.com/2011/03/24/the-special-correspondent/> accessed 3 October 2012; D Randall, William
Howard Russell (The Great Reporters) <http://www.greatreporters.co.uk/reporterswhrussell.htm> accessed 3 October 2012
21 Carruthers (n 8) 44-95
20 William

22 P Hammond, Humanitre Intervention und Krieg gegen den Terror in M Lffelholz (ed), Krieg als Medienereignis II:

Krisenkommunikation im 21. Jahrhun-dert (VS Verlag fr Sozialwissenschaften 2004) 101-109; D Kellner, The Persian Gulf
TV War Revisited in S Allan and B Zelizer (eds), Reporting War: Journalism in Wartime (Routledge 2004) 136-154; Carruthers
(n 8) 96-174.
23 Allan and Zelizer (n 35); Carruthers (n 8) 209-252; Hammond (n 35) 109-115; H Tumber and F Webster, Journalists Under Fire

(SAGE Publications Ltd, 2006).

24 S Khamis and K Vaughn, Cyberactivism in the Egyptian Revolution: How Civic Engagement and Citizen Journalism Tilted

the Balance (2011) 14 Arab Media and Society; RSF, Libya: The Birth of Free Media in Eastern Libya (RSF, 2011).
25 As

explained in Tumber and Webster, Journalists under Fire (n 36) 28-44

In relation to the greater proximity of journalists to the armed conflict, their increased
exposure and the (sporadic) involvement of local citizens, it is important to
distinguish between two types of occupational journalism: independent journalists and
war correspondents. Independent journalists are referred to as such because they are
not officially sanctioned by the military or government, and operate independently
of these influences. They are defined as [] any correspondent, reporter,
photographer, and their technical film, radio and television assistants who are
ordinarily engaged in any of these activities as their principal occupation [].26
Thus, they are freelancers, stringers or part of a media organisation and known as
unilaterals in journalist jargon.27
War correspondents are defined as specialized journalist[s] who [are] present, with
the authorization and under the protection of the armed forces of a belligerent, on the
theatre of operations and whose mission is to provide information on events relating
to ongoing hostilities by the Dictionnaire de droit international public. 28 This
definition is similar to that adopted in the United Nations Security Councils
(UNSC) Resolution 1738 and also mentioned in the Green Book of the British
Armed Forces, specifically emphasising the need for accreditation. 29 This
distinguishes them from independent journalists who are not officially authorised by
their government and accredited by the military. A distinct type of war correspondents
are those that are embedded with the military, a term that has gained popularity
since the beginning of the Iraq war in 2003 but that was already used during World
War I.30 Embedded reporting is defined as living, eating, moving in combat with the
units that the journalist is attached to by the Director of the embedding program in
the United States, Victoria Clarke.31
Yoram Dinstein, International Law Professor Emeritus at Tel Aviv University and
President of the UN Association of Israel, proposes a third category in addition to
independent journalists and war correspondents, which he refers to as those
journalists who are members of the armed forces and cover the war for military news
organs.32 In the context of this article, such journalists are simply considered to be

26 Draft

United Nations Convention on the Protection of Journalists Engaged in Dangerous Missions in Areas of Armed Conflict
(1 August 1975) UN document A/10147, Annex 1, art 2(1) (Draft UN Convention);. These include freelancers and those being
employed full-time by media outlets
27 Tumber and Webster, Journalists under Fire (n 36) 17.

28 J Salmon (dir), Dictionnaire de Droit International Public (Bruylant, 2001) 275 [translated from French]. The ICTY initially

defined war correspondents generally as individuals who, for any period of time, report (or investigate for the purposes of
reporting) from a conflict zone on issues relating to the conflict, omitting the need for accreditation in Prosecutor v Brdjanin
and Tali IT-99-36-AR73.9 (11 December 2002) paragraph 29.
29 United Nations Security Council Resolution 1738 adopted at the 5613th meeting, 23 December 2006, SC/8929; United

Kingdom Ministry of Defence, The Green Book: MOD Working Arrangements with the Media 7 paragraph 31; see also ICRC (n
28).
30 R

Keeble, Information Warfare in an Age of Hyper-Militarism in Allan and Zelizer (n 35) 50; Gasser (n 17) 383-384; K
Tuosto, The Grunt Truth of Embedded Journalism: The New Media/Military Relationship (2008) X Stanford Journal of
International Relations 20.
31 Quoted in MM Haigh and others, A Comparison of Embedded and Nonembedded Print Coverage of the U.S. Invasion and
Occupation of Iraq (2006) 11 The Harvard International Journal of Press/Politics 139, 140
32 Dinstein (n 28) 455

10

members of the armed forces, in contrast to independent or accredited journalists, and

hence fall under the category of combatants.33
With regard to the increasing local presence of journalists in conflict areas and the
decreasing proximity between their work places and the frontline, it may be assumed
that war reporting has become ever more dangerous. In fact, Phillip Knightley, an
Australian journalist, states that [i]t is safer to be a soldier these days than a war
correspondent.34 It is, therefore, essential to distinguish between traditional threats
inherent to military operations and deliberate attacks on journalists.35
In many conflicts, journalists have been detained, injured or killed due to the fact that
covering the frontline of conflicts is dangerous by its nature.36 As the CPJs statistics
show, 173 journalists have been killed since 1992 in crossfire/combat, seeing a
drastic increase in the years that were marked by conflicts extensively reported on in
the media.37 One recent example is the death of Japanese video and photojournalist
Mika Yamamoto, who was killed during clashes between Syrian government forces
and rebels in Aleppo, Syria on 20 August 2012.38
However, even more frequently than becoming victims of dangers inherent to any
type of armed conflict, journalists have become popular targets for murders and
physical assaults, not least due to the growing power of the words and images which
journalists produce.39 In this context it is also interesting to note that according to
CPJs statistics, a great number of
journalist deaths are caused by government officials, 40 which speaks for the
presumption that governments try to restrain the unfavourable effects of the medias
power. The recent uprisings in Libya and Egypt in 2011 for example have shown that
journalists are visibly more exposed to targeted physical assaults and detention. The
CPJ recorded 160 attacks on journalists during the Egyptian uprisings,41 101 attacks
on journalists and their facilities, as well as 50 cases of detention during the Libyan
revolution.42
International Concern for Protection

33 See

Part III for consequences in relation to their protection as combatants.

34 P Knightley quoted in Lisosky and Henrichsen, War on Words (n 9) 157.

35 Balguy-Gallois
36 See

(n 29) 37
also Gasser (n 17) 367.

37 See eg in 1999, 2003, 2004, 2007, 2009. See CPJ, 954 Journalists Killed Since 1992 (n 24).
38 Mika

Yamamoto (CPJ) <http://www.cpj.org/killed/> accessed 3 October 2012; Japanese journalist killed covering fighting
in Syria BBC (London, 21 August 2012) <http://www.bbc.co.uk/news/world-asia-19328199> accessed 3 October 2012. Other
famous incidents include the deaths of Marie Colvin and Gilles Jacquier in early 2012
39 Balguy-Gallois (n 29) 37; Detter (n 5) 323; Kirkby and Jackson (n 13) 1-2.
40 CPJ, 954 Journalists Killed Since 1992 (n 24).
41 Attacks

on the Press in 2011: Egypt (CPJ) <http://cpj.org/2012/02/attacks-on-the-press-in-2011-egypt.php> accessed 3

October 2012.
42 Attacks on the Press in 2011: Libya (CPJ) <http://cpj.org/2012/02/attacks-on-the-press-in-2011-libya.php> accessed 3
October 2012

11

In relation to these ever-growing dangers faced by journalists, who are essential in

monitoring States respect for the rights and wellbeing of their citizens, it must be
noted that the concern for their protection can similarly be traced back as far as to the
Crimean and American Civil War. This was initially focused on the protection of
journalists accompanying the military as prisoners of war (POW) and on the
issuance of an identity card to attest for such. 43 Article 50 of the Lieber Code
provided that citizens accompanying the army, such as reporters, should, if captured,
be considered POWs.44 Similar provisions were subsequently integrated into the 1899
and 1907 Hague Convention on the Laws and Customs of War on Land (IV) under
Article 13 as well as into the Prisoner of War GC of 1929 under Article 81.45
Independent journalists, however, were not afforded any protection under these initial
provisions, not even in the original 1949 GCs.
In the 1970s and most notably during the Vietnam War, the international community
concerned itself for the first time specifically with the physical protection of
independent journalists. 46 On 9 December 1970, the United Nations General
Assembly (UNGA) adopted Resolution 2673 (XXV), directing the Economic and
Social Council to draft a Convention on the Protection of Journalists Engaged in
Dangerous Missions in Areas of Armed Conflict through its Human Rights
Commission.47 This resulted in the 1975 Draft UN Convention, which was, at the
invitation of the UNGA, reviewed by the Diplomatic Conference on the
Reaffirmation and Development of International Humanitarian Law applicable in
Armed Conflicts (1974-1977). The ad hoc Working Group of Committee I of this
conference considered that, instead of creating a separate convention resulting in a
special status for journalists, the protection should rather be incorporated into existing
IHL instruments. Finally, after approval of the UNGA, this lead to the inclusion of
Article 79 AP I, a specific provision relating to journalists, which, however, does not
afford special protections.48

43 Kirkby and Jackson (n 13) 6. The 1949 GCs did not contain the requirement that war correspondents had to be in possession
of a certificate to be protected by POW status, recognising the possibility of losing such a card during armed conflict. See
Mukherjee, Protection of Journalists under International Humanitarian Law (n 5) 30. The idea of establishing an identity card
for journalists was already addressed at the 1927 Conference of Press Experts in Geneva. See League of Nations, Conference of
Press Experts (1927) Doc A.34.
44 US War Department, Instructions for the Government of Armies of the United States in the Field (Lieber Code 1863) in The

War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies (Government Printing Office,
1899) Series III, Volume 3 148-164.
45 Hague Convention (IV) respecting the Laws and Customs of War on Land (18 October 1907 entered into force 26 January

1910) (revised versions of the 1899 original) (Hague Convention IV); Geneva Convention relative to the Treatment of Prisoners
of War (27 July 1929 entered into force 19 June 1931).
46 Gasser (n 17) 370. The international Congresses of the Press in Chicago and Belgium in 1893 and 1894 focused on the

freedom of the press and the improvement of working conditions.

47 Draft UN Convention (n 40) Annex 1; see the Final Act of the Official Records of the Diplomatic Conference on the

Reaffirmation and Development of Inter-national Humanitarian Law Applicable in Armed Conflicts Vol X 75.
48 Only the Waleed Sadi Report in 1990 and the Mac Bride Commission Report in 1977 treated the issues of special protection,

but did not result in additional legal instruments. See D Howard, Remaking the Pen Mightier than the Sword: an Evaluation of
the Growing Need for the International Protection of Journalists (2001/2) 30 Georgia Journal of International and Comparative

12

The wars in Yugoslavia, Iraq and Afghanistan initiated fresh discussions on how to
better protect journalists, which resulted in various proposals from the international
community, including: RSFs Charter for the Safety of Journalists Working in War
Zones or Dangerous Areas (2002);49 the Geneva Declaration on Actions to Promote
Safety and Security of Journalists and Media in Dangerous Situations (2004); 50
UNSC Resolution 1738 (2006); 51 UNESCOs Berlin Declaration (2000) 52 and
Medellin Declaration on Securing the Safety of Journalists and Combating Impunity
(2007);53 and PECs Draft Convention to Strengthen the Protection of Journalists in
Armed Conflicts and Other Situations Including Civil Unrest and Targeted Killings
(2007).
It is noteworthy that instead of resulting in a unified and coherent approach to the
issue, the international concern brought about a variety of individual and rarely
binding initiatives. The most common and possibly sole mutual characteristics are the
call for a reaffirmation of IHL and the call upon States to ratify the APs.54 This
confirms the significance of IHL in the protection of journalists in armed conflicts.
Protection of Journalists under International Humanitarian Law
General protective principles and the protection of journalists are part of the jus in
bello or IHL,55 which comprises a set of rules designed to regulate the treatment of
the individual civilian or military, wounded or active 56 in armed conflicts. IHL
applies the principle of distinction57 and hence protects combatants58 and civilians59

Law 505.
49 RSF, Charter for the Safety of Journalists (n 30).
50 Geneva Declaration on Actions to Promote Safety and Security of Journalists and Media in Dangerous Situations, Meeting

organised by PEC (20-21 September 2004) <http://www.ifj.org/assets/docs/248/107/526ddf8-ce1186b.pdf> accessed 28 January

2013.
51 Res 1738 (n 43).
52
49

UNESCO, Berlin Declaration: Journalists in Danger How can we help? (6 November 2000).

53 UNESCO, Medellin Declaration on Securing the Safety of Journalists and Combating Impunity (3-4 May 2007).
54 Most proposals also emphasise the duty to investigate, prosecute and punish crimes committed on journalists.
55 Fleck (n 26) 1.
56 ibid 11. Today, IHL is mainly made up of the GCs and their APs. The GCs are universally ratified and hence applicable

worldwide. Most provisions in AP I are considered customary international law and are therefore universally applicable.
Additionally, basic rules of IHL are considered jus cogens, rendering any other set of rules conflicting with IHL automatically
void. See Fleck (n 26); Dinstein (n 28) 454-455; TD Gill and D Fleck (eds), The Handbook of the International Law of Military
Operations (Oxford University Press, 2010). Customary international humanitarian law is summarised by the ICRC and
Cambridge University Press in an online database and in JM Henckaerts and L Doswald-Beck, Customary International
Humanitarian Law Volume I: Rules and Volume II: Practice Parts 1 and 2 (ICRC and Cambridge University Press 2005).
57 The principle of distinction derives from the fact that IHL is a compromise between military objectives and human necessity.

It refers to the requirement of distinguishing between military objectives/combatants and civilian objects/non-combatants,
providing for a limited war. AP I, art 48; Protocol Additional (II) to the Geneva Conventions of 12 August 1949, and relating to
the Protection of Victims of Non-International Armed Conflicts (adopted 8 June 1977, entered into force 7 December 1978) 1125
UNTS 609 (AP II) art 13(2)-(3); Henckaerts and Doswald-Beck (n 71) Volume I and Volume II, Rules 1, 6 and 7; Fleck (n 26)
37; Gill and Fleck (n 71) 52; Balguy-Gallois (n 29) 48.
58 AP I, art 43(2).
59 AP

I, art 50

13

differently. This is of importance when analysing the protection of journalists, which

will be outlined in the following section. Additionally, IHL recognises persons
attached to the armed forces as a special group of protected persons.
It is important to note that next to IHL, human rights law is also applicable to armed
conflicts, even though most provisions can be derogated from during war and have
inherent limitations. In case of conflicting and/or disharmonious provisions of IHL
and human rights, IHL is to be regarded as lex specialis in times of armed conflict.60
Thus, in such cases IHL, as the specific law in armed conflicts, overrides human
rights as the general law or lex generalis.61
a. Protection Relative to Attacks
The main and most important IHL Article explicitly referring to the protection of
journalists in international armed conflicts (IACs) is Article 79 AP I, which was
included as a specific provision relating to journalists in the body of IHL.62 It provides
that journalists engaged in dangerous professional missions in areas of armed conflict,
whether independent journalists or war correspondents accompanying the armed
forces, are to be considered as civilians within the meaning of Article 50(1) AP I.
Thus, attacks on journalists are strictly prohibited under IHL. Journalists are afforded
the whole set of protections relative to civilians, including under Articles 51 and 57
AP I63 and GC IV.64 This is, however, only the case unless and for as long as they do
not take any action adversely affecting their status as civilians, as outlined in Article
79(2) AP I.65 As soon as they take direct part in hostilities they lose their protection
under this Article.66 Journalists have a duty to not engage in any actions adverse to
their status of civilians and may be held accountable for acts of perfidy pursuant to
Article 37(1)(c) AP I and for spying pursuant to Article 46 AP I.
Although AP II relative to non-international armed conflicts (NIACs) does not
contain specific provisions on the protection of journalists, their protection as

60 Legality

of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Rep para 25

61 The legal maxim reads: lex specialis derogat legi generali. Although not the focus of this article, relevant references to human

rights will be indicated in the text and/ or footnotes.

62 This

Article was adopted by consensus and hence no reservations have been made

63 According to Article 51 AP I, civilians may not be made targets of military attacks or reprisals, shall enjoy general protection and may

not be subjected to threats of violence. It prohibits indiscriminate attacks and the use of civilians as shields. Article 57 AP I emphasises
that constant care must be taken to spare civilians.
64 This is in contrast to combatants, who may be lawfully targeted within the context of armed conflicts. IHL provides

protections to combatants in relation to the following three situations: as a wounded, sick and shipwrecked, as dead and missing
and as POW.
65 This implies that journalists must also respect domestic regulations relating to the access to territory and that they may lose

their right to reside and work in a country if they have entered illegally. See explanation to Rule 34, Henckaerts and DoswaldBeck (n 71).
66 For the time they take part in hostilities, they fall under the protection of Article 45 AP I and immediately regain their status

as civilians after seizing all adverse activities.

14

civilians also extends to such conflicts.67 Journalists are protected pursuant to Article
13 AP II as well as by the minimum guarantees of Common Article 3 GCs.68
According to the ICRC Customary Law Study,69 state practice has established the
protection of and respect for journalists engaged in professional missions in armed
conflicts as a norm of customary international law. This is applicable to both IACs
and NIACs, providing an equivalent protection to journalists in both types of
conflicts. This has been manifested in Rule 34 of the Study. The fact that both APs
have not been universally ratified is thus irrelevant to the protection of journalists
under this Rule.70
The illegality of attacking journalists is manifested by Article 85(3)(e) AP I, under
which an attack on civilians can be considered a war crime. The subsequent
investigation, prosecution and punishment of such a war crime is subject to provisions
of (international) criminal law. Attacks are only permissible if all reasonable
precautions have been taken and if the collateral damage is not excessive to the
concrete and legitimate military aim.71
b. Protection Relative to Arrest and Detention
With regard to the second most important threat to journalists in armed conflicts,
arrest and possible detention in armed conflicts, it is important to note that human
rights complement and reinforce IHL. All types of journalists must be treated as
civilians even though their exact status depends on their nationality and place of
arrest. If arrested by authorities of their own country, internal laws as well as
universal human rights law apply. Journalists who are citizens of a non-belligerent
State are under the protection of potential diplomatic relations between the two States
and are protected by peacetime law, including human rights.72 Journalists arrested by
authorities of another belligerent nationality do, next to the general applicability of
human rights, first and foremost enjoy protection by the fundamental guarantees
afforded by Article 75 AP I, including inter alia the prohibition of violence to life,
health or physical and/or mental wellbeing, outrages upon personal dignity, the taking
of hostages, collective punishments, threats and fair and humane detention and trial.73

67 As stated by Balguy-Gallois (n 29) 41; Henckaerts and Doswald-Beck (n 71) Volume I, 115-118.
68 Article

13 AP II provides for general protection and determines that civilians may not be made objects of attacks, as well as
prohibits threats of violence. Common Article 3 states that it is forbidden to treat civilians inhumanely and with adverse
distinction. Violence to life and person, the taking of hostages, outrages upon personal dignity, the passing of sentences as well
as the carrying out of executions without previous judgments pronounced by a regularly constituted Court are prohibited
69 Henckaerts and Doswald-Beck (n 71) Volume I and Volume II.
70 ibid

Volume I, Rule 34 quotes a number of military manuals, official statements and reported practice that reinforce the
obligation to respect and protect journal-ists
71 This refers to the additional IHL principles of proportionality, necessity and advance warning
72 Gasser (n 17) 375-376; Mukherjee, Protection of Journalists under International Humanitarian Law (n 5) 37.
73 Foreign journalists may be detained on two grounds: for imperative reasons of security pursuant to Articles 42 and 78 Geneva

Convention (IV) relative to the Protection of Civilian Persons in Time of War (12 August 1949 entered into force 21 October
1950), 75 UNTS 287, or if they are thought to have committed a crime and there are sufficient grounds for a trial. See Gasser (n
17) 375.

15

Article 79(2) AP I also refers to specific protections in case of detention pursuant to

Article 4(A)(4) GC III as POWs. The protection as POW relates inter alia to persons
accompanying the armed forces without actually being members thereof, including
war correspondents. Thus, in case of falling into the hand of the adversary, war
correspondents benefit from all protections relative to POWs. Article 4(A)(4) GC III,
however, does not relate to nationals of a Party to the conflict nor to nationals of cobelligerent or neutral States maintaining diplomatic relations with the belligerent
State. Moreover, both Articles only apply to IACs.
In the case of NIACs, journalists are at least protected by the minimum guarantees
enshrined in Common Article 3. These are similar to and amplified by AP II but still
more restricted than those afforded under Article 75 AP I. The protections under the
legal regime governing NIACs for example do not provide for special status as POW
and also do not offer much help against unjustified detention. 74 Nevertheless,
violations of journalists rights in detention, such as fair trial and humane treatment
are considered grave breaches of IHL and lead to prosecution.75
Article 79(3) AP I is considered an additional protective measure in relation to arrests
as it provides for the carrying of identification cards. Such cards, however, neither
confer a special status as journalist nor are they indispensable, but simply attest to
the fact that journalists are authorised to accompany the armed forces. In case of war
correspondents, identity cards are mandatory under GC III and must be carried at all
times.76
Vulnerability of local journalists
Of all journalists working in dangerous situations, local reporters run the greatest risk
of becoming victims of violence. According to the CPJ analysis, 85 % of all
journalists killed were not foreign correspondents working in war zones, but local
journalists doing their work. They were typically murdered not on assignment, but in
their offices, on their commutes, or in their homes. Nine out of 10 murders, CPJ
found, had the hallmarks of premeditation such as careful planning, groups of
assailants, and gangland style executions. In conflict zones and countries where press
freedom is not sufficiently valued, journalists become targets of rebel groups, militias,
drug traffickers, extremists or corrupt politicians. While international journalists are
often heavily equipped and protected, local journalists usually do not have the means
to protect themselves sufficiently. One of the objectives of every safety strategy

74 Dinstein (n 28) 469; Gasser (n 17) 376.
75 Gasser

(n 17) 375

76 See Geneva Convention (III) relative to the Treatment of Prisoners of War, (12 August 1949 entered into force 21 October

1950) 75 UNTS 135, Annex IV (A); United Kingdom Ministry of Defence (n 43) paras 31, 37. Identity cards are not provided
for under IHL for independent journalists in NIACs.

16

should be the provision of safety training for local journalists and the development of
international norms for safety training and equipment.
Criminal organisations, corruption and investigative journalism
However professionally and accurately information is processed, corruption will
continue to thrive without the vigilance of the media and civil society, and the bravery
of investigative journalists and whistleblowers in particular.
Assuring the right of press freedom should be a priority for every government
worldwide. All too often, journalists do not have the independence they would need to
reveal corruption or misuse of power, to denounce attacks on human rights and to
facilitate an open dialogue between the state and civil society. The measures taken by
different governments in order to control directly or indirectly the media differ in
motivations yet share the same threat to democratic process. Again, the CPJ analysis
confirms this assumption: almost one-quarter of all journalists killed over the past 15
years covered political topics, one fifth aimed at exposing corruption.
It is vital to stress the importance of free access to information and press freedom in
the struggle against corruption and for the promotion of good governance of public
life.
Case Study
Following James Foleys death puts spotlight on journalist in conflict zones. After a
video recording containing the execution of kidnapped American freelance journalist,
raises the question of safety towards freelance journalists who goes into conflict
situations to report. The self-proclaimed Islamic State (IS) militant group beheaded
Mr. Foley and threatens to kill another freelancer named, Steven Sotloff after their
disappearance in Syria in 2012. Unfortunately, the United States could not meet the
demands of IS and therefore had to watch the horrific video that is, the fate of their
own people in the hands of a terrorist group. It is unknown to many on the number of
journalists IS is currently holding. Foley and Sotloffs murder goes to show the
danger of reporting in conflict zones that has yet reach this point. It also gives light to
a different focus on the relationship between media outlets and the freelance journalist
who chooses to work in such dangerous situations.
Individual news outlets make their own choices when considering work from
freelancers. This does not include hostile environment training they require reporters
and photographers to have. There is no requirement as to the requirement of hostile
environment training as well as experience reporting from conflict zones. Freelancers
are often left with the responsibility for their own insurance and potential medical
fees.
The high cost of safely reporting from war zones and the low pay for pieces.
Anybody who is in freelance work, especially artistically, knows that it comes with
all the insecurity and the ups and downs. It really is a frightening life.

17

Question A Resolution Must Answer

1. In what way (or what kind of mechanisms) can the international community
participate in the protection of journalist?
2. How can the safety of freelance journalists be ensured in conflict areas? Would
the standard of protection be the same as those working in news organizations?
3. Would it be fair to allow freelance journalists to risk their lives in exchange of
obtaining news coverage? How do media outlets face difficult decisions over
when and how to use such reports?
4. How would regions with high risk threat respond to the presence of journalists in
its lands?
5. Should non-profit journalism organizations (e.g. Reporters Without Borders) be
involved with the conditions of the reporters? Would this be considered an effort
at a national level to compliment the efforts made internationally?

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