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The protection of journalists engaged in dangerous professional missions

Published online by Cambridge University Press:  13 January 2010

Hans-Peter Gasser
Hans-Peter Gasser*
Affiliation:
Head, ICRC Legal Division
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Extract

“Death of four journalists in El Salvador”, “Six journalists reported missing”, “Release of three journalists detained on spying charges”—these are just some of the headlines of recent dispatches calling to mind the problem which we will be dealing with in this article: journalists who do their job in situations of armed conflict run risks. What provisions does public international law make to protect them and to facilitate the exercise of their professional activity?

Type
Research Article
Information
International Review of the Red Cross (1961 - 1997) , Volume 23 , Issue 232 , February 1983 , pp. 3 - 18
Copyright
Copyright © International Committee of the Red Cross 1983

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References

1 A paper read to the Eighth Round Table and Red Cross Symposium organized by the San Remo Institute of International Humanitarian Law in September 1982.

2 See, for example, the UNESCO report “Voix multiples, un seul monde” drawn up by the International Commission for the Study of Communication Problems, under the chairmanship of Mr. Sean MacBride.

3 In this article the word “journalist” covers any reporter for the press, radio or television.

4 See, inter alia, the UN Secretary General's reports entitled “Human Rights in Armed Conflicts: Protection of Journalists on Dangerous Missions in Zones of Armed Conflict”: A/9073, 9 July 1973; A/9643, 22 July 1974; A/10147, 1 Aug. 1975; and also resolutions 2673 (XXV), 9 Dec. 1970; 2854 (XXVI), 20 Dec. 1971; 3058 (XXVIH), 2 Nov. 1973; 3245 (XXIX), 29 Nov. 1974; 3500 (XXX), 15 Dec. 1975.

5 See Pilloud, C., “Protection of Journalists on Dangerous Missions in Armed Conflict Zones” in International Review of the Red Cross, 01 1971.CrossRefGoogle Scholar

6 UN General Assembly resolution 2854 (XXVT), 20 Dec. 1971.

7 See ICRC Report on the work of the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 1971, par. 507–515 and second session, 1972, par. 3.72–3.93.Google Scholar

8 Resolutions 3058 (XXVIII) and 3245 (XXIX).

9 See report of the working group in Final Act of the Diplomatic Conference, Vol. X, p. 75 Google Scholar, CDDH/I/237; for all Diplomatic Conference texts referring to Article 79, see Levie, H. S., Protection of War Victims: Protocol I to the 1949 Geneva Conventions, Volume 4, 1981, pp. 119–143.Google Scholar

10 Final Act, vol. X, p. 19, CDDH/219/Rev. 1.Google Scholar

11 Final Act, vol. VI, p. 243, CDDH/SR 43.Google Scholar

12 Resolution 3500 (XXX).

13 Final Act, vol. X, p. 75, CDDH/I/237.Google Scholar

14 Final Act, vol. III, p. 303, CDDH/I/242.Google Scholar

15 See, inter alia, statements by the representatives of Canada and the USA in Final Act, vol. VIII, p. 367, CDDH/I/SR 35.Google Scholar

16 Final Act, vol. VI, p. 243, CDDH/SR 43.Google Scholar

17 The latest version may be found in the UN Secretary General's note A/10147 of 1 Aug. 1975.

18 See discussion at the second session of the Conference of Government Experts, par. 3.76–3.80.

19 The perfidious use of the protective emblems recognized in the Geneva Conventions and Protocols — see Art. 85, par. 3 (f) of Protocol I.

20 See UNESCO report mentioned in note 2, p. 295.

21 See statement by the Netherlands representative during the Commission, in Final Act, vol. VIII, p. 313, CDDH/I/SR 31, par. 12.Google Scholar

22 See also (and in general for the interpretation of Art. 79) Bothe, Partsch, Solf: New Rules for Victims of Armed Conflicts, Commentary on the Two Additional Protocols to the Geneva Conventions of 1949, 1982, re Art. 79, par. 2.4.Google Scholar

23 See Art. 50, par. 1, Protocol I, which includes the personnel mentioned in Art. 4, A (4) of the Third Geneva Convention in the definition of civilian persons.

24 See Partsch, , Armed Conflicts, Fundamental Rules, in Bernhardt (ed.) Encyclopedia of Public International Law, 3 (1981), p. 28 Google Scholar; Kalshoven, , Applicability of Customary International Law in Non-International Armed Conflicts Google Scholar, in Cassese, (ed.) Current Problems of International Law (1975), p. 267.Google Scholar

25 See Bothe, Partsch, Solf, re Art. 75, par. 2.6.

26 Art. 4, A (4) of the Third Geneva Convention.

27 Art. 76 of the Fourth Geneva Convention.

28 Art. 78 of the Fourth Geneva Convention.

29 Art. 42 of the Fourth Geneva Convention.

30 Universal Declaration of Human Rights, Art. 19; International Covenant on Civil and Political Rights, Art. 19; European Convention on Human Rights, Art. 10; Inter-American Convention on Human Rights, Art. 10.

31 See UNESCO report, Final Conclusions, Recommendation 50, p. 329.