"War Reporters Under Threat describes the threat of violence facing war reporters from the United States government and some of its closest allies. Chris Paterson argues that what should have been the lesson for the press following the invasion of Iraq - that they will be treated instrumentally by t
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he US government - has been mostly ignored. As a result, even nominally democratic states cannot be counted upon to protect journalists in conflict, and urgent reform of legal protections for journalists is required. War Reporters Under Threat combines critical scholarship with original investigation to assess the impact of the US government's obsession with information control and protection of its own troops. While the press-military relationship has been well researched, this book is the first to elaborate the US government threat to journalists." (Abstract)
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"The nature of modern warfare has vastly changed the role of journalists in conflict and, therefore, the reliability of the protections afforded to them. Countries such as the United States have interpreted international humanitarian law in such a way that leaves journalists vulnerable to targeting
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decisions based solely on the content of their writings. International law must take afirm step forward in not only securing defacto protection for journalists, but in reaffirming their importance to the public. Such a step may best be taken by adopting a new status for journalists. Under this new status, a journalist could not be said to have directly participated in conflict without a proven intention to incite violence and would therefore remain immune from direct targeting no matter how much the content of the reporting supports or undermines the objectives of a belligerent party." (Abstract)
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"I have been asked by the Council of Europe Steering Committee on Media and Information Society (CDMSI) for a paper setting out the principles that can be drawn from the case-law of the European Court of Human Rights (“the Court”) relating to the protection and safety of journalists and journali
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sm. I understand that the overall objective of the CDMSI is to establish a declaration of principles and to draft an in-depth recommendation to member states which includes the positive obligations upon states in respect of journalists." (Abstract)
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"Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems wit
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h compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition to international law and concludes that advocacy energies would be better spent promoting enforcement of existing laws." (Abstract)
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"The years 2011 and 2012 were among the most deadly for journalists reporting from conflict situations worldwide. The numbers of assaults, arrests and attacks have been on a constant rise and portray a dramatic image of the journalistic profession. In light of the increasing threats in armed conflic
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ts, being a war reporter has become an inherently dangerous task. Journalists are not only at risk of becoming so-called collateral damage during military 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 popular targets. It is therefore essential that the international community re-evaluate journalists' 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 effectively improve journalists' safety in the field. In this regard, 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, militaries, journalists, media, NGOs and society." (Abstract)
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"Journalists play a central role in fostering a society based on the open discussion of facts and the pursuit of the truth, as opposed to one based on rumor, prejudice, and the naked exercise of power. As a result, journalists are often literally in the line of fire and deserve special protection. T
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his article considers the characteristics of deadly attacks on journalists over the last two decades and examines how the applicable legal and policy frameworks can be used better or improved to provide a higher level of protection. Impunity, often a by-product of the politicized nature of journalistic activities, is seen as the major cause of continuous attacks on journalists. The conclusion is drawn that one of the key elements of a strategy to better protect journalists is to "elevate" the issue on a number of fronts: to move prevention and accountability from the local to the central level within domestic jurisdictions, while simultaneously heightening the level of international engagement with this issue." (Abstract)
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"Journalists as a category of individuals are subjected to special risks of physical violence that amount to serious risks to their right to life. The current scale of threats to the lives and killings of journalists is a serious matter of concern. It shows an erosion of the rule of law and democrat
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ic governance where they occur. There is a serious issue of impunity for perpetrators of these violations by the failure to investigate and prosecute crimes against journalists. This issue is a common thread tying the various categories of risks together in this report. Despite its prevalence in the risks faced by most human rights defenders, it remains an important problem for journalists in their own right. There is evidence that physical violence against journalists that might amount to threats to their right to life also deters the entire journalistic community and forces it to practice self-censorship that eventually erodes its public role in democratic societies. The largest numbers of journalists who are killed around the world each year die outside zones of armed conflict and in time of peace. According to UNESCO this is 80 per cent of journalists’ killings worldwide. It is erroneous to believe that media workers share only those risks that civilians face in wartime. Rather, they face heightened risks while practicing their profession." (Conclusions, page 22)
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"Turning the tide on the killing of journalists involves several steps, but primarily it is a matter of having the political will to acknowledge the issue as important and ending the impunity for those responsible for the violence. These steps include: following through on making attacks on the medi
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a, particularly murders, a federal rather than a state or local crime, in order to remove the investigations from often corrupt or intimidated local law enforcement groups. This fundamental legal change would be significant in ending the cycle of impunity and the botched investigations that currently feed the violence; strengthening the special prosecutor’s office, with additional funding and staff, to more effectively go after those accused of these crimes; forming a common front in the media to tackle the problems of security for journalists and the risks of reporting on transnational organized crime; persuading national opinion leaders to speak out about the violence and its impact on society; targeting international aid specifically for the protection of journalists." (Executive summary, page 6-7)
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"Journalists and other media personnel perform a crucial role in armed conflicts. In the absence of functioning civil society, which, in peacetime can survey the behaviour of governments and other parties, and report on breaches of law, journalists are often the only parties on the ground able to do
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cument and publicise such breaches. Like humanitarian workers, they are often the only group that can bring to the attention of the world breaches of international humanitarian law and the horrific consequences which flow from armed conflict without limits. This article will consider the protections afforded to journalists under international humanitarian law and the practical assistance given to journalists by the International Committee of the Red Cross (ICRC)." (Abstract)
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"This piece seeks to unpack these questions by exploring the current protection afforded journalists under both general international law and IHL (Part I); the IHL status of journalists (both those embedded in the military and those reporting as freelance / independent journalists) (Part II); target
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ing decisions involving journalists (Part III); and the obligations under IHL upon those who capture and detain journalists (Part IV)." (Abstract)
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"One of the greatest threats to freedom of expression around the world is the violence committed against journalists practicing their profession in conflict situations. During the last 20 years, an alarming number of journalists have been targeted or killed when reporting about war. This situation h
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as prompted several international organizations to offer suggestions on how to protect the messengers who report about war. In this study, the authors provide a historical overview of journalist protection. In addition, they explore a number of recent declarations, resolutions and strategies introduced to protect journalists targeted in conflict zones. One particularly controversial strategy, the Press Emblem Campaign, is examined by interviewing various international stakeholders. The authors demonstrate that while no clear comprehensive method to protect journalists has yet to be universally accepted, this global problem has generated increased international attention." (Abstract)
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"In light of the U.S. functionality test to Article 51(3), the role and use of today’s embedded journalist in international armed conflicts poses a direct threat to their civilian protections under Article 79 of Protocol I. Despite the fact that embedded journalism has helped to facilitate better
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military-press relations and generally enhance news coverage of military conflicts, its increased level of integration in U.S. combat operations approaches the legal threshold of making the journalists themselves lawful targets. It is the U.S. military’s responsibility to create new measures to ensure embedded journalists’ activities are not so comingled with information operations that they become targeted. The overall integration of war correspondents into information operations, the eroding distinction between PAO and war correspondents and the loss of reporter objectivity on the battlefield are all factors that provide significant evidence that today’s embedded journalists are probably not engaged in their “professional mission” within the meaning of Article 79. Embedded journalists are no longer performing their professional mission when they are in fact being used to directly support military information operations. To the extent this continues in U.S. military combat operations, war correspondents can be lawfully targeted by the enemy under the U.S. functionality test to Article 51(3)." (Conclusion)
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"The first casualty of war is truth. Disinformation and tactical ruses of war have constituted essential components of warfare throughout history. Over time, influencing public opinion - and consequentially securing the prime position to exert such influence - has become ever more significant. In mo
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dern armed conflicts various stakeholders compete to communicate their truth. Attempts to instrumentalize journalists, to get a hold on certain information, to censor and erase some, and to promote the distribution of other information constitute the rule rather than the exception. Evidently, accurate and impartial reports conveyed from war zones have become ever more important; they constitute "a fundamental component in establishing historical truths and allowing post-war reconciliation." At the same time, quantum leaps in information technology have facilitated the outreach of the media to military operations even in the most remote corners of the world from where information can nowadays be broadcasted virtually in real-time. Evidently, journalists - and more generally media professionals - play a crucial role as the messengers and shapers of information. The risks they run in the performance of their profession are accordingly high. Images and news can be decisive for the outcome of a conflict and deliberate interference with journalistic work is frequent and increasing." (Abstract)
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"Media reporting of armed conflict and other situations of heightened violence has become increasingly perilous, with large numbers of journalists and other media personnel killed or deliberately targeted because of their professional work, including by government forces and non-government actors. T
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he serious risks to the safety of media personnel raise questions about the adequacy and enforcement of the international legal frameworks available to protect them. This article examines the range of complicated, interlocking normative and institutional frameworks which govern media personnel and media objects in international and non-international armed conflict, and in violent emergency situations beneath the threshold of conflict, with a focus on international humanitarian law and human rights law. The legal characterisation of a violent situation has important implications for the status and treatment of media personnel, whether they are ‘war correspondents’, ‘embedded’ reporters, or independent journalists. This article reviews and clarifies the circumstances in which journalists and their equipment are protected from hostilities and when they may lose protection from attack; the measures of security, detention or restriction to which they may be subject; issues of professional privilege and confidentiality; and the perennial discussion about whether journalists should receive a special status and emblem in conflict situations." (Abstract)
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"[...] 1. As used in these guidelines, the term “crisis” includes, but is not limited to, wars, terrorist attacks, natural and man-made disasters, i.e. situations in which freedom of expression and information is threatened (for example, by limiting it for security reasons); the term “media pr
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ofessionals” covers all those engaged in the collection, processing and dissemination of information intended for the media. The term includes also cameramen and photographers, as well as support staff such as drivers and interpreters.
2. Member states should assure to the maximum possible extent the safety of media professionals – both national and foreign. The need to guarantee the safety, however, should not be used by member states as a pretext to limit unnecessarily the rights of media professionals such as their freedom of movement and access to information.
3. Competent authorities should investigate promptly and thoroughly the killings and other attacks on media professionals. Where applicable, the perpetrators should be brought to justice under a transparent and rapid procedure.
4. Member states should require from military and civilian agencies in charge of managing crisis situations to take practical steps to promote understanding and communication with media professionals covering such situations.
5. Journalism schools, professional associations and media are encouraged to provide as appropriate general and specialised safety training for media professionals.
6. Employers should strive for the best possible protection of their media staff on dangerous missions, including by providing training, safety equipment and practical counselling. They should also offer them adequate insurance in respect of risks to the physical integrity. International organisations of journalists might consider facilitating the establishment of an insurance system for freelance media professionals covering crisis situations. [...]" (Page 2)
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"The very real danger in which conflict-journalists find themselves is well illustrated by the fact that during the recent conflict in Iraq proportionally more journalists were killed than members of the coalition forces (BalguyGallois March 2004 International Review of the Red Cross 37). The fact t
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hat journalists in conflict zones require protection is no new notion to humanitarian law, as is evidenced by the Geneva Convention of 1929-07-27 (relative to the treatment of prisoners of war). However, problems may arise where journalists start choosing sides. Should a journalist enter the arena of hostilities on either side, the situation will be that a person protected, at least to the same degree as a local civilian, will have a bearing on the hostilities. No better example exists than the Nahimana case (The Prosecutor v Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze case no ICTR-99-52-T (2003) (hereinafter "Nahimana")." (Abstract)
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"The recent war in Iraq is a perfect illustration of the growing risks faced by journalists working in conflict zones. It is therefore important to call renewed attention to the fact that attacks against journalists and media equipment are illegal under international humanitarian law, which protects
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civilian persons and objects, as long as they are not making an effective contribution to military action. The media cannot be considered a legitimate target, even if they are being used for propaganda purposes, unless they are being exploited to instigate grave breaches of humanitarian law. Journalists and media personnel also benefit from precautionary measures – not confined to them alone – such as the principle of proportionality and the obligation to give advance warning. There is nonetheless an evident need for the adoption of a new instrument, on the one hand to reaffirm those elements of humanitarian law that apply to journalists and media personnel, and thus to re-establish the authority of certain basic rules that are all too often flouted, and, on the other hand, to improve existing law and adapt it to the requirements of today, for instance the phenomenon of “embedded” journalists. Such is the goal of the “Declaration on the safety of journalists and media personnel in situations involving armed conflict,” drawn up in 2003 by Reporters without Borders." (Abstract)
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