Protection of Journalists in Areas of Armed Conflicts and Wars Under Principles of International Law

Abstract

Reporting on armed conflicts and the violent situations has become more increasingly dangerous, with many journalists and media professionals being killed or deliberately targeted due to their work. These threats come from both government forces and Non-State Actors (NSAs), raising concerns about sufficiency and enforcement of existing international legal protections. The classification of a violent situation under international law significantly impacts the legal status and treatment of journalists, whether they are war correspondents, embedded reporters, or independent media professionals. International Humanitarian Law (IHL) provides protection for journalists during armed conflicts, whether these conflicts are international or non-international. This differs from peacetime, during which journalists are safeguarded under International Human Rights Law (IHRL). Various international conventions, including ICCPR, outline human rights protection mechanisms for journalists. While, IHL establishes specific protections for journalists through treaties such as the “Hague Conventions of 1899 and 1907, the Geneva Convention of 1929 (GC 1929), the Four Geneva Conventions of 1949, and the Additional Protocols of 1977 (AP-I &AP-II)”. IHL classifies journalists into two categories. The first category includes war correspondents, who are officially accredited by armed forces. Their status is defined under the “1949 Geneva Conventions”. The second category consists of journalists engaged in dangerous professional tasks during armed conflicts, as recognized in “Article 79 of the First Additional Protocol of 1977”, which applies to international armed conflict zones. In event of capture, war correspondents are granted prisoner-of-war status under Third GC of 1949. The journalists who 10

undertake dangerous tasks in conflict zones are legally recognized as “civilians under Article 79 of AP-I”, ensuring their protection under international law. This dissertation investigates whether the existing international framework adequately safeguards journalists and media personnel reporting from armed conflict zones. The analysis encompasses current legal provisions under IHL, along with recommendations from international, regional, and non-governmental organizations. A key objective is to assess whether violence against journalists should be classified as war crimes or crimes against humanity, granting the ICC automatic jurisdiction in cases where national courts fail or refuse to prosecute such offenses. In addition, this research aims to propose measures to strengthen protection of journalists and media professionals in conflict zones. Findings indicate that current international legislative framework for journalists in war zones are inadequate, with little to no commitment from states to address this gap. Relying solely on IHRL and IHL to protect journalists—who play a vital role in upholding democracy and rule of law, particularly in Western democracies—has proven ineffective. It is imperative that states act swiftly to establish a dedicated treaty ensuring protection of journalists and media workers in conflict areas. UNGA should direct UNILC, under Article 13(1) of the UN Charter, to begin an urgent study on the development of international legal protections for journalists and media professionals in conflict zones. Findings of “International Law Commission Draft Articles on the Protection of Journalists and Media” should be formally adopted by United Nations, ultimately leading to a new international convention aimed at safeguarding journalists and media personnel covering armed conflicts