"The war in and against Ukraine has brought home the importance of accurate, trustworthy reporting — even from dangerous places. In mediation, particularly mediation arising from armed conflict, it is difficult to overstate the importance of accurate information to help mediate between claim and c
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ounter-claim. The media, in particular journalists, including camera operatives, are the world’s eye in both national and international conflict zones. This essay discusses the legal protection of those courageous individuals and their equipment under international humanitarian law. The question of legal protection for journalists is essential to global access to reliable information. While the war in and against Ukraine has reminded us of this, it has been recognised as being of crucial importance for many years. Both the Review Committee’s Report to the ICTY’s (the International Criminal Tribunal for the former Yugoslavia) Prosecutor concerning the bombing of Belgrade by NATO forces during the Bosnian war and the ICTR’s (the International Criminal Tribunal for Rwanda) judgment in the so-called Media case raise the question whether it is reasonable to target media stations and personnel. It is essential to oppose these arguments. Intelligent and well-informed mediation of conflict depends upon the work of those who strive to accurately describe what is going on behind the fog of war. Attacks on the media and on their places of work often take place in murky circumstances. But I will argue that, even if media stations are also used for military purposes (dual use), they ought to be protected as civilian objects. Also, I will summarise ways to improve protection for the media before observing that compliance with existing laws seems to plunge in times of conflict." (Abstract)
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"War journalism, by the nature of its work, is arguably one of the most dangerous professions in the world. Journalists working in conflict-prone areas are constantly exposed to the inherent threats of the battlefield. Over the period of time, there has been a number of attacks, assaults, and arrest
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s upon journalistic profession who conduct reporting from conflict situations worldwide. What is more serious is that most of these attacks are deliberate in nature. The conflicting parties often fear the undeniable powers of word and image journalists spread. Under the current international regime, there is a number of normative frameworks which guarantees the protection of journalist operating in armed conflicts. However, there is a serious question regarding the adequacy and implementation of the available protection mechanisms. This paper is an attempt to study the current international framework which governs and protects the journalists operating in International and Non-International Armed Conflicts worldwide. Particular focus is given to the protection available under International Humanitarian Law. In addition, the paper clarifies the conditions in which journalists lose their protection and become legitimate targets. The paper also traces out the shortcomings within the current regime of International Humanitarian Law. Finally, the paper discusses some additional proposals that could enhance the safety of journalists in the field. The paper follows the qualitative method of research and uses both primary and secondary sources of information." (Abstract)
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"This article maintains that current international law fails to recognize the specific risks associated with the journalistic profession, and that the fragmented, non-binding and unenforceable initiatives on journalists' rights adopted to date have proven ineffective. It argues that a dedicated inte
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rnational instrument targeting violence against journalists, accompanied by a compliance-monitoring mechanism, would significantly improve the protection of journalists and recognize the impact of impunity for attacks against them on audiences' rights and society at large. The article supports this position by highlighting the weaknesses in UN and regional human rights instruments and interpretive jurisprudence, as well as loopholes in humanitarian law. It concludes with suggestions for a new instrument, demonstrating why it would ensure better safeguards for journalists and societal interests in the media." (Abstract)
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"This Field Guide summarises the legal protection and responsibilities of media professionals operating in armed conflicts. It focuses on international humanitarian law (IHL) – also known as the ‘law of armed conflict’ – and sets out some aspects of international and UK criminal law. It is i
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mportant for media professionals reporting from armed conflict to be familiar with the rules of IHL. The Field Guide is a summary version of a Handbook for media professionals on IHL also produced by the British Red Cross, and can be read in conjunction with it. The Handbook contains a more detailed discussion of the legal provisions set out in the Field Guide, using a similar structure." (Introduction, page 1)
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"International Humanitarian Law (IHL) has long-claimed that recognition as a civilian is critical to a journalist's safety during war, but the new US Manual blurs that line and says journalists must better understand the distinction between civilians and combatants. Given the fact that journalists m
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ight not be familiar with these legal concepts, this article proposes the use of critical pedagogy to engage them in the consideration of those issues (Freire, 2000). To start the conversation, and following a legal methodology, the article analyzes protections established under IHL, provides legal definitions for combatants, spies, and civilians and explains how each should be treated. Then to promote the inclusion on this topic in academic curriculums, it present teaching experiences and recommendations to engage media personnel in the study of this topic." (Abstract)
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"This Handbook is primarily for use by media professionals who report from conflict zones. It is a practical and accessible guide to the rules of international humanitarian law (IHL) that protect media professionals and their work in armed conflict. It also considers the IHL responsibilities that me
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dia professionals (and their publishers and broadcasters) have when reporting on and from armed conflict, including their potential liability under international criminal law as individuals for violations of these rules. The Handbook is supplemented by a lighter and smaller ‘Field Guide’ that is designed to be used in conflict zones as a quick and easy reference to the relevant rules of IHL." (Page iv)
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"During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have be
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come victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law." (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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"Whether they are nationals reporting wars occurring within their countries or international news media staff, journalists are facing growing dangers when covering conflict events. As civilians, they are protected to some extent by international humanitarian law (IHL). But what are these rules and h
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ow adequate is such coverage? The article details the core elements of IHL, its relevance for journalists and key issues of implementation and compliance. The news media profession has attempted in the last decade to strengthen normative protections which are discussed. The issue is viewed as one of continuing salience for the Pacific. The article concludes by observing that the issue of protection in combat for journalists is something that the profession has to confront systematically." (Abstract)
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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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"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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"Journalists' on professional assignments often face hostile actions by political and military authorities, de jure or de facto. Such hostility ranges in severity from censorship, utilization of harsh laws of defamation, restriction or denial of access to sources of information, denial or revocation
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of a work permit or license, denial of entry or exit visa, restriction of movement, and expulsion; to detention, disappearance, attack, torture, and even murder." (Abstract)
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