Protections Available to Journalists in Situations of Armed Conflict - Essay Example

Name Course Tutor Date Introduction International humanitarian law is also commonly known as the law of armed conflict. It is the law that regulates all conduct of any armed conflicts. It comprises many subsequent treaties, customary international law and case laws that regulate the conduct of armed conflicts. It also defines conduct as well as responsibilities of neutral nations, belligerent nations as well as all individuals who engage in warfare. This is in relation to one another and to other protected persons which often means civilians. This essay looks into all protections that are available to journalists during situations of armed conflict. International humanitarian law is based on concepts of jus ad Bello. This is defined as the law of war. This means that all the laws involved are meant to be fully active during situations of armed conflict or during wars. Just like international law, international humanitarian law also requires the political will of all states for any situation to be considered as armed conflict. This is so in order for the law to be in force. Main argument The main argument of this essay is that the protections of journalists available are not suitable with the developing world. Most of the available protections for journalists do not in any way prevent the loss of many lives of journalists during situations of armed conflict. This shows the need for development of more physical protections n order to reduce the number of lives being lost due to armed conflicts situations. The weaving of this argument will be more evident in this essay. This is because the essay will look into the protections available for journalists during situations of armed conflict and look into weaknesses that come with these written down protections. So far there have not been enough solutions to the problems that journalists encounter. This shows that there is still so much that international humanitarian law can do to overcome these problems. International Humanitarian Law International law however does not clearly state out what international armed conflict actually is. According to the 1949 Geneva Conventions, common article 2 spells out on all cases of any form of declared war of any armed conflict that can arise between two or more than two highly contracting parties even if there is no recognition of the state of war. It spells out that this convention shall basically apply to any cases of partial or total occupation of territorial of higher contracting parties. This is basically even if the said occupation does not meet with any armed resistance. This therefore means that any occurrence of international armed conflict is clear. This means that it would be a conflict between legal forces of two very different states. One good example is the North Korean-South Korean war of 1950. The second form of armed conflict that journalists can be involved with is recognized internationally as a new phenomenon known as internationalized armed conflict. The situation of this form of armed conflict can occur whenever war occurs between two very different factions that fight internally. They are however supported by different states. One of the most clear examples that can apply to this form of armed conflict is the 1998 war in Democratic Republic of Congo. This happened when forces from Angola, Rwanda, Uganda and Zimbabwe intervened to support different groups in the Democratic Republic of Congo. The third form of armed conflict is the non-international armed conflicts. According to common article 3 of the Geneva Convention, non-international armed conflicts means that one of the parties involved in the conflict is non-governmental in nature. This article also states that it does not in any way apply to other forms of violence that include riots, sporadic and isolated acts of violence. This definition has therefore made it difficult to make clear distinctions between mere disturbances and armed conflicts. This therefore leaves the heavy task for the political will of states to classify and define situations of armed conflict. For any situation to be referred to as non-international armed conflict, it has to achieve two important variables. The first aspect is that all hostilities must reach a specified intensity levels and form a collective character. The second factor is that there must be an organizational level of parties involved1. Problems faced by journalists Under situations of armed conflict, journalists face many problems. It has become very clear in the recent conflicts that all media professionals, journalists included are in a higher risk of being targeted directly. This is in a huge violation of international humanitarian law that defines all protection that must be offered to all citizens. Journalists working in war zones covering the ongoing fights face many dangers. Because of the nature of the work that they do, they become inevitably exposed to many dangers that are inherent in military operations. Nevertheless, the greatest danger that these journalists face is that of major deliberate violence acts against them. On most occasions people are told that the first casualty of war is the truth. Accurate and impartial media covers reports that are conveyed from the conflict zones. They serve as fundamental public interest in this information era where people want to see real happenings. Images and news from journalists covering situations of armed conflict is very frequent. This spectrum of interference is very wide. It ranges from denial of access, harassment, censorship and arbitrary detention. There are often attacks carried against journalists in order to defy them from transmitting realities of armed conflict to the world2. There are protections of media professionals and journalists under situations of armed conflicts. Often, people develop impressions that there are no provisions for protection of journalists. This is however very wrong. Going through provisions from the Geneva Conventions and other Additional Protocols, one can see that there are various provisions that enable journalists’ protection during situations of armed conflict3. The work of journalists during situations of armed conflict can be dangerous. In hostile environments, parties to a conflict can consider themselves as unwanted witnesses and develop wants to destroy he mission. Protecting journalists during armed conflicts is of vital importance. This ensures that there is safety as well as information freedom. International humanitarian law does not in any way provide specific protection of journalists in armed conflict. According to the law, journalists and other media professionals are equaled to as civilians. This therefore means that any means of protection that applies to the civilians of a given country also apply to journalists situated in the region. Article 79 of Additional Protocol 1 is in the 1949 Geneva Conventions. It states that journalists engaged in any dangerous professional missions in areas of armed conflict shall be considered as civilians. All international humanitarian law is therefore applicable to all civilians and journalists equally4. Protections available for journalists during situations of armed conflict Over the past years, there have been serious violations of international humanitarian law, refugees’ rights and human rights. This is seen by the hurt that some journalists go through while covering armed conflicts situations around the world. Although it is mainly the government’s work to protect any civilian or journalists during such periods, it often happens that during conflicts, the government fails to act on this responsibility; It is for this main reason that the protection of journalists and civilians during armed conflicts has become a major concern of the international community. The challenge is majorly two-fold. It requires making both the non states and the states armed groups alike to respect the international law fully during any conflicts that may arise. They should also address any journalists’ needs that is caught up within the conflict and requires urgent assistance5. There are instruments of international law that provide legal frameworks used in the protection of all journalists and civilians populations in any armed conflicts. 1. International Humanitarian Law Under the international humanitarian law and in particular the Fourth Geneva Convention held in 1949, there are strict laws covering all civilians journalists included. This also includes two additional protocols of 1977. All the above establish major basic rules of conduct during times of hostilities. They also establish needs to make fundamental distinction between any civilian populations, journalists and combatants. International humanitarian law on its part states journalists’ protection as equal to the protection awarded to the civilians since journalists are human beings. Journalists also go through the same problems and violence brought by way even more firsthand than the civilians since they cover the unfolding event in reality. The law vehemently provides protection to the journalists and ultimate protection from any war hostilities6. 2. The Convention Relating to the Status of Refugees of 1951 This Convention provides for the journalists who might flee their countries to escape conflict or to escape from being caught after covering tortures in the war that the combatants do not want aired for the entire world. Any form of associated persecution with legal status and legal frameworks of protection covers such people. There are basic fundamental rights for example the right to life and torture prohibition. These apply in situations of conflict. It is often that people see in the media several journalists and other media professionals who are caught for covering events in Asian countries or other countries in wars. On most occasions, when such journalists are caught they are tortured to death and such clips distributed by combatants all over the internet. This is strongly against the law, and it is therefore important for everyone to realize that journalists are equally open to the right to life and prohibition from torture7. There are also specific plans of major political action as well as legal norms that are often developed towards protecting the vulnerable groups. These mainly come in handy when the journalists in question are women. In the past, women did not have a right in the outside world to write and be heard, but this developing technological world has enabled women to spread their wings to journalism and airing stories from war torn nations. These journalists have protection under these Acts to report during situations of armed conflict. 3. The International Criminal Court The International Criminal Court is governed by the Rome Statute of 1998. This is by means of which the entire international community has the ability to combat any form of impunity. The ICC has powers to initiate criminal proceedings against any perpetrator who tampers against any journalist during situations of armed conflict. In cases of journalists who are tortured, the International Criminal Court has powers to prosecute such offenders. This Court deals often with particular war crimes and other crimes against humanity so during such cases the International Criminal Court comes in handy8. The recent practices and doctrines stresses on the complementary nature as well as the convergence of international humanitarian law in protecting journalists during situations of armed conflict. Human rights as well as rights accorded to the refugees come in firsthand during their protection. Most of these provisions protect them and govern any conduct of any form of hostilities. This has even spread further to customary international law. 4. United Nations In December 23, 2006, the United Nations Security Council adopted a resolution on the protection of journalists during situations of armed conflict. The resolution called mainly for more action on the protection of journalists in any conflict zone. This decision reflected mainly in Iraq which was then war torn. There were more than 60 media professionals and journalists who died in 2006 alone9. The International Federation of Journalists launched a campaign for the United Nations. They then prepared a draft resolution. The International News Safety Institute in turn also provided enough support with the European Broadcasting Union also campaigning. The national journalists union also chipped in their voice on the need for protection for journalists during armed conflicts situations. All of these organizations lobbied for the United Nations Security Council to look into the matter at hand. Resolution 1738 came up and it adopted huge condemnation for any intentional attacks against any journalists. It also called upon all the parties to put an end to such malicious and vicious attacks against journalists. The Security Council therefore stresses that any deliberate targeting of journalists during situations of armed conflict called for tough actions from the Law. There was also stressed urgency to respect any form of professional independence as well as journalists’ rights and other media professionals. There were also calls to protect any other personnel and civilians interviewed by the journalists and media professionals. This is because on other occasions they are attacked for unleashing hidden information10. The above form of protection also urges any warring parties to do their utmost best and prevent any form of violations of international law and international humanitarian law against journalists and media professionals. The main emphasis of this Resolution is on the existing prohibitions under the law against any form of attacks intentionally directed against any civilians. Talking about civilians means that journalists are included since the law classifies them as civilians during situations of armed conflict. In order to ensure fully that the United Nations Security Council tackled the issue, this particular Resolution 738 requested the Secretary General of the United Nations to address on safety and tight security of journalists in all his regular reports. These are on the reports that cover the protection of civilians during situations of armed conflict11. 5. Adoption of Resolution 1738(2006) The above for of protection mainly looked into the calls made by various organizations stressing on the need for protection of journalists and other media professionals during situations of armed conflict. This Adoption of Resolution 1738 on its part looks into the implementation of the various calls by new agencies and safety organizations to look into full and vehement protection of journalists during situations of armed conflicts. Deeply concerned by the various frequencies of attacks and acts of violence against journalists, the Security Council in 2006 vehemently condemned such attacks. This went down after a realization that there were frequent attacks on media professionals, journalists and other associated personnel during situations of armed conflict. All parties were therefore called upon to put an end to all forms of practices12. Fully adopting to resolution 1738(2006), the Security Council recalled without any form of prejudice to the war correspondents, rights to the status of the prisoners of war under the Third Geneva Convention. It was therefore stated that the journalists and media professionals engaged in any dangerous but professional missions in places of armed conflict will be considered as civilians. They will therefore be respected and accorded enough protection by available security personnel13. In the same connection, the Council also recalled its own demand that all the parties to any armed conflict must comply with all obligations under international law and protect all civilians from any situation during armed conflict. It also emphasized on the responsibility of all the States that they are obligated to end impunity. All the states must therefore during any period end impunity and prosecute all the people responsible for any serious violations. The Security Council also urged all the parties during situations of armed conflict to respect the professional independence as well as rights of media professionals, journalists and other associated personnel for example the civilians. The Security Council also reaffirmed its major condemnation of all incitements towards violence against all civilians during situations of armed conflict. It also reaffirmed its stand on the need to bring forward justice to the people who incite violence that further causes armed conflicts. When authorizing any missions, the Security Council indicated its full willingness to consider where appropriate all the steps in response to all media broadcast that incites genocides and crimes against humanity. It also indicated its willingness to consider where appropriate all steps to be considered for any serious violations of international humanitarian law and any other law that protects journalists during situations of armed conflict14. The major reason as to why the United Nations looked into the need to provide protections for journalists during situations of armed conflict is because of one major reason. It has the primary responsibility under the United Nations Charter to maintain international security and peace. It also underlines the importance of taking appropriate measures that target prevention of conflict and resolution of conflicts. “Reaffirming its resolutions 1265(1999), 1296(2000) as well as 1674(2006). All these are on the protection of all civilians, journalists included and its resolution 1502 (2003). This one is on the protection of all United Nations journalists and personnel in all conflict zones. “Reaffirming its commitment to the Purposes of United Nations Charter as set out in Article 1 (1-4) of this Charter. There are also principles of the Charter that are set out well in Article 2 (1-7). All these include full commitments to principles governing political independence, territorial integrity and sovereign equality of all the states. This is important since it extends out on the rights for journalists to cover any information taking place in a war zone. This way they even get protection under this law15. Media Equipment Protection The United Nations Security Council and other news safety organizations emphasize on the protection of the media’s equipment and other installations that constitute civilian object. In these respect any equipment that journalists use cannot be destroyed. This is because in the event of destroying these, the journalists’ lives can be endangered. All the parties who are involved in the conflict must therefore respect the rights of the journalists and the professional independence of the journalists. Journalists are protected people according to the law. Protected persons in the law must not be targeted deliberately. Any deliberate targeting of journalists and any commission of flagrant, systematic and widespread violations of human rights law and the international humanitarian law during situations of armed conflict can therefore constitute a threat to international security and peace. In order to enhance protection of these journalists, all the states that have journalists and are not yet parties to the Additional Protocols I and II of the year 1977 to the Geneva Conventions to do so with immediate effect. This way, the journalists can receive ultimate protection from any form of violence and threats during situations of armed conflicts16. Section Two Appropriately adapted I understand appropriately adapted to mean suitable for. When something is appropriately adapted it means that it can shield anything. One can get enough protection when something is appropriately adapted to a situation. One case study example is war. Fighting in war using knives is not appropriately adapted for the war situation. This is because the knives being used are not appropriately adapted for the situation at hand. Using guns and protected military vehicles however provide ultimate protection for whoever is participating in the war. This shows that protected military vehicles are well adapted for the war situation that using knives and machetes. Modern Warfare International humanitarian law provides protections of journalists during situations of armed conflict. There has however been an increased usage of private military as well as security companies in conflict areas. There have been developments of new weapons technology and long term occupation as well as unclear rules for detention that accompany international armed conflict. While in preparation for the 31st international conference in November last year, the ICRC has been continually working towards strengthening several aspects of international humanitarian law. This is in order to make it adapt to modern warfare. One case study is a thorough study that was carried out in 2010 by ICRC. It concluded that international humanitarian law still provides an appropriate framework for regulation of behavior of parties during modern warfare armed conflicts. The lacking aspect however is compliance .There are however gaps and weaknesses in IHL that must be dealt with for it to be appropriately adapted to modern warfare. Bodies can also be developed to strengthen any lose ends of protections under IHL. Modern warfare generally refers to all the concepts, technologies and methods that have come into use during as well as after the 2nd World War. These concepts and warfare have all assumed a totally different form during the 19th and the 20th century. This is because of the widespread information and technology that has led to the development of modern armies that must modernize constantly in order to preserve battle worthiness. The question here is whether or not the protections of journalists during situations of armed conflict provided above are fully adapted to modern warfare situations17. In my opinion, I do not believe that journalists’ protections are fully adapted to the modern warfare. Journalists currently face a very broad range of conflict situations that are extremely confusing and complex. These range from conventional wars to defined battle lines and acts of terrorism. This is what defines modern warfare and journalists. Journalists have increasingly put themselves in high and ever increasing danger to get the story out. This is from banditry to extremism or even any pocket wars in between feuding clans. Due to technology development over the years, there are different factors that accompany modern warfare. The concepts and methods of war have continually assumed a highly advanced nature. One of the factors is that modern warfare includes civilians and civilian infrastructure. There is also the advent of nuclear weapons. Another concept recently introduced by the U.S.A is Battle space. It is integrated with information management and aids in combats. Over the last close to ten years, the protections stated in the first section of this research essay do not offer enough security to journalists during situations of armed conflict. More than 1,000 media staff and journalists have been killed in the line of duty. In several parts of the world especially Philippines, coping with harassment, threats and intimidation is the order of the day for journalists. It has become part of a journalists’ job despite the many protections available for journalists18. Journalists, mainly those who cover conflict regions and other dangerous environments can never be completely safe. Their safety can only be guaranteed if they are awarded full presidential protection like any country’s president. This is mainly because it is the work of the journalist to be in a particular danger zone. This is mainly in order to bring to all the public’s attention the progress of national and international conflicts. Their work often requires them to always expose wrongdoing and to open public scrutiny. In most cases the people and the authorities prefer to keep this information hidden. This same information cannot be kept hidden due to the presence of journalists who unearth any piece of information. This often puts the journalists’ lives at grave risk and these risks have over the past years become terribly high. The International News Safety Institute has over the years raised their concerns over the fact that journalists’ protection cannot keep them safe anymore. This institute has over the years pointed out modern warfare, crime and terrorism as following different patterns. Journalists that report these conflicts and unfolding events are always more at risk of being caught up in crossfire or being taken hostage for unearthing hidden information. The free flow of information on which many governments and people depend suffers. Violent attacks on journalists often tend to have a chilling effect19. Attacks on them hamper any journalists’ ability to probe more deeply and report information that is accurate. This therefore deprives the public of its right to know the real truth of the matter. Protections that is currently available under international humanitarian law stress on the importance of professionalism and the right to report information among journalists. This is well stressed out in the Geneva Conventions. This is however not well adapted to modern warfare. Currently modern warfare has tracking devices. These devices have come up due to information and technology. They are important to combatants since they can track journalists who cover unfolding events during armed conflicts. Article 19 in the Universal Declaration of Human Rights was discovered in 1948. It stated that all the journalists have the rights to seek, receive as well as impart information. This right is as well restated in another Covenant. This is the International Covenant on Civil and Political Rights. It has been signed as well as ratified by more than 140 states. This is also evident in many regional charters and conventions. Others include the European Convention for the Protection of Human Rights. The last one is the African Charter of Human and People’s Rights20. In order to exercise these rights found in all these conventions mentioned above, many journalists have often put themselves in harm’s way. The exercise of this right must be viewed on the context of any modern conflict situations that any journalist can find themselves covering or reporting on. Another reason that supports my opinion that the journalists’ protection does not offer them sufficient safety in line with modern warfare is on the line of fire. In the line of fire means that journalists have to be in the forefront of all unfolding events. This is by the very nature of their work as journalists. This is in all the situations. Be it something more mundane like a ribbon cutting ceremony for any new government program or any other life threatening situation like the eruption of any form of hostilities between two or more warring forces. Journalists covering such are on most occasions covering such situations. If they are not covering armed conflicts, then they are investigating any human right violation in any part of the globe. This way they are often in the line of fire or on other occasions they are often targeted. All those who embed with the armed forces for reasons of covering the frontlines are mainly vulnerable for physical harm that may even lead to death21. One such occasion is during a news safety conference and training forum held in Southeast Asia in December last year. One of the female reporters narrated on how she was kidnapped and held for close to seven days in an unknown location which she later on discovered to be in Iraq by insurgents. This clearly outlined to the people to understand not only the horrors that come with journalists covering armed conflicts as well as horrific acts that come along with it. Such acts are on most occasions committed by combatants who highly defy international law that protects the journalists. Due to upraise of information technology, these combatants video tape all the horrific acts done to the journalists who are tortured to death22. Journalists who cover armed conflicts in the current world put themselves in great danger due to the type of machinery and modern warfare involved in the war. Such journalists often become victims of direct effects of hostilities. These include getting caught in bombing raids or other artillery barrage. They can also be hit by shrapnel from any mortar round or being hurt by stray bullets. They can further become victims of arbitrary arrests or physical abuses for example torture or disappearances. These acts are often committed by military, polices or paramilitaries that operate in conflict areas23. Local journalists as well as members any news gathering teams are at a disadvantage unlike other international journalists and media professionals. This is because international journalists can easily board a plane and fly to various hideouts for safety. Very little attention has however been focused on the plight of all local journalists that cover armed conflict. Enhancing Journalists’ Protection Countries like Afghanistan often experience wars. In such countries, the number of civilian deaths and journalists who die on most occasions. Somalia also has attacks that take place most frequently. Cote d’Ivoire and Syria also experiences wars from time to time. In these regions, journalists risk their lives their lives to report on some cases. These cases on most instances include cases of assaults on civilians, execution-style killings and mass killings from the opposition forces24. Embedded journalists refer to journalists who are attached to military units who are mainly involved in armed conflicts. They often sign contracts with the military. They then promise not to report any piece of information that can compromise unit position, classified weapons or future missions. Embedded journalists equal civilians during situations of armed conflict. They however do not enjoy any special status under the law. Embedded journalists provide new regulatory changes to IHL since they do not have any provision under IHL. It was first used in 2003 during the invasion of Iraq. It has since gained widespread currency even though it is not clearly defined. In order for International humanitarian law to provide protection for embedded journalists, laws have to be introduced to govern their actions which are often in secrecy. So far much progress has been made to lower the number of deaths over the years. There however has to be more efforts that must target these journalists’ protection efforts. Peacekeeping missions will be the basis of protection of journalists and ensuring that they do not have any form of wars between them. There has to be building of a more physical protection of journalists rather than a worded protection. This means that in place of all the conventions written down, countries must look into enforcing protection. This way, the new tools of efforts on protection will ensure that there is strategic planning and guidance. This will lead to a more fruitful nation with no journalists losing their lives due to armed conflicts. Bibliography Alley, R. (2010). Pacific Journalism Review. 8. The culture of impunity: What journalists need to know about international humanitarian law , 78-95. This review looks into all aspects of international humanitarian law. It defines the term as well as the concepts surrounding IHL. It also looks into what journalists need to know about IHL and the amount of protection that IHL offers journalists during situations of armed conflict. Blanchard, C. M. (2012). Congressional Research Service: Report. Armed Conflict in Syria: U.S. and International Response , 1-39. This research looks into armed conflict that took place In Syria. It looks at the reasons for the armed conflict that took place for a long time and the plight of journalists who aired the fight live from Syria. It also defines and explains some of the dangers journalists go though in a bid to inform the world about the on goings. Docter, S. (2010). Journal of Broadcasting & Electronic Media. Blogging and Journalism. Extending Shield Law Protection to New Media Forms , 508-595. This journal explains the extending shield of protection that is available to all journalists under the new media forms. There are laws that cover journalists around the world and some of the laws that are applicable to war are well explained in this journal. Granoff, D., & Granoff, J. (2011). Bulletin of the Atomic Scientists. International humanitarian law and nuclear weapons : Irreconciliable differences , 53-61. This bulleting addresses the various forms of nuclear and atomic weapons classified under the modern weapons. It also addresses the effects of these weapons on not only journalists but also civilians. It examines different ways of fostering peace between different countries in order to alleviate any war situations. Ismail, I. (2011). US-China Law Review. THE ENFORCEMENT OF HUMANITARIAN LAW TOWARDS JOURNALISTS IN THE INTERNAL ARMED CONFLICT IN INDONESIA , 591-617. This review focuses on enforcing humanitarian law towards journalists. The case study here is in Indonesia and the armed conflict that took place there. It also stresses on the importance of enforcing humanitarian law that covers not only journalists but also civilians during situations of armed conflict and wars. Kagan, S. (2010). Pacific Journalism Review. The media and international humanitarian law , 96-124. This review focus is on the media and the importance of media in disseminating news and information to people around the world. It seeks to explain to people that journalists too have enough protection that is well leveled out in IHL. It also looks a bit into humanitarian law and the relationship between the available laws and modern warfare. It therefore insists on more protection to be awarded to journalists especially when covering wars. Maniaty, T. (2010). Pacific Journalism Review. War Reporting, International Humanitarian Law and the Legacy of Balibo , 30-38. This review has some reports on different wars that have taken place in the past as well as international humanitarian laws protecting civilians from any kind of danger. Munteanu, N. A.-M. (2011). evista Academiei Fortelor Terestre. MASS-MEDIA ROLE IN CONFLICT PREVENTION , 29-37. This article is on conflict prevention. During war sometimes, journalists are forced to help people who are wounded. It looks at the humanitarian part of the journalists. This article also looks at ways of preventing war from occurring which will further lead to negative effects on both civilians and journalists alike. Smith, D. M. (2012). Pacific Rim Law & Policy Journal. Qatar Calls for Greater Protection for Journalists , 1-25. This journal was written after a convention held in Qatar that called for the protection of journalists. It seeks to address the problems that journalists face especially with the introduction of modern warfare during wars. St.Germain, T. (2010). Journal of Transnational Women's & Gender Studies. Sexual Violence and Armed Conflict: Gender, Society, and the State , 1-15. This journal looks into modern warfare and the effect it has on civilians. The law counts both people and journalists as civilians. This is why laws protecting the civilians also protect the journalists. A case study here is on sexual violence and armed conflict relationship. It looks at the effect of war on women and children. It also calls for the maintenance of peace in the world in order to prevent any wars from occurring. Wyatt, J. (2010). International Review of the Red Cross. Law-making at the intersection of international environmental, humanitarian and criminal law: the issue of damage to the environment in international armed conflict , 593-646. This review was conducted by the Red Cross. It assesses all damages caused by war t the environment, the people, and journalists. It also looks into the different types of laws that enhance the protection of the environment from damages and wars. Read More