The legal protection of journalists and media in conflict zones

Abstract

This dissertation examines whether the international regime for the protection of journalists reporting from armed conflict zones is sufficient to protect journalists and the media operating in such places. This examination includes the current rules and principles of International Humanitarian Law, International Human Rights Law and the proposals provided by International, Regional and Non-Governmental Organisations. The second aim is to examine whether violence against journalists should be categorised as war crimes and/or crimes against humanity with automatic jurisdiction of the International Criminal Court (ICC) in cases where national courts are unable or unwilling to prosecute such offences. The final aim is to provide recommendations for enhancing the protection of journalists and media covering conflict zones. The research findings show that the protection of journalists covering armed conflicts under International Law is absent. State motivation to initiate that is non-existent. Depending on general International Human Rights Law and general International Humanitarian Law to protect this profession which is at the forefront of the protection of democracy and the rule of law in Western democracies is no longer sustainable because it is inefficient. States must make haste to establish treaty law for the protection of journalists and the media working in conflict zones. The UN General Assembly must instruct the UN International Law Commission under Article 13 (1) of the UN Charter to immediately commence studies on the international law for the protection of journalists and the media operating in conflict zones. The conclusions of the International Law Commission Draft Articles on Protection of Journalists and the Media should then be adopted by the UN and lead to new State practice/ Convention on the protection of journalists and the media reporting from armed conflict zones.