Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 10 - Journalists (Rule 34)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Chapter 7 Medical and Religious Personnel and Objects (Rules 25–30)
- Chapter 8 Humanitarian Relief Personnel and Objects (Rules 31–32)
- Chapter 9 Personnel and Objects Involved in a Peacekeeping Mission (Rule 33)
- Chapter 10 Journalists (Rule 34)
- Chapter 11 Protected Zones (Rules 35–37)
- Chapter 12 Cultural Property (Rules 38–41)
- Chapter 13 Works and Installations Containing Dangerous Forces (Rule 42)
- Chapter 14 The Natural Environment (Rules 43–45)
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 34. Civilian journalists engaged in professional missions in areas of armed conflict must be respected and protected as long as they are not taking a direct part in hostilities.
Practice
Volume II, Chapter 10.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
International armed conflicts
The protection of civilian journalists is set forth in Article 79 of Additional Protocol I, to which no reservations have been made.
This rule is set forth in numerous military manuals. It is also supported by official statements and reported practice. This practice includes that of States not party to Additional Protocol I.
Non-international armed conflicts
Although Additional Protocol II does not contain any specific provision on civilian journalists, their immunity against attack is based on the prohibition on attacking civilians unless and for such time as they take a direct part in hostilities (see Rule 6). This conclusion is borne out by practice, even before the adoption of the Additional Protocols. Brazil in 1971 and the Federal Republic of Germany in 1973 stated before the Third Committee of the UN General Assembly that journalists were protected as civilians under the principle of distinction. The UN Commission on the Truth for El Salvador considered the murder of four Dutch journalists, accompanied by members of the FMLN, who were ambushed by a patrol of the Salvadoran armed forces, to be in violation of international humanitarian law, “which stipulates that civilians shall not be the object of attacks”.
- Type
- Chapter
- Information
- Customary International Humanitarian Law , pp. 115 - 118Publisher: Cambridge University PressPrint publication year: 2005