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Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law

Authors: Pukar Dahal;

Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law

Abstract

{"references": ["\u2022 Draft International Convention for the Protection of Journalists Engaged in Dangerous Missions in Areas of Armed Conflict, 1 August 1975, UN Document A/10147, annex I", "\u2022 Saul, B. (2008) The International Protection of Journalists in Armed Conflict and Other Violent Situations, Australian Journal of Human Rights", "\u2022 D\u00fcsterh\u00f6ft, I. (2013). The Protection of Journalists in Armed Conflicts: How Can They Be Better Safeguarded?, Utrecht Journal of International and European Law", "\u2022 Detter, I. (2000) The Law of War Cambridge University Press, Cambridge", "\u2022 Mukherjee, A. (1995) Protection of journalists under international humanitarian law, Communications and the Law", "\u2022 Harbom, L. and Wallensteen, P. (2004)Armed conflict and its international dimensions: 1946-2004, Journal of Peace Research", "\u2022 Robertson, G. and Nicol, A. (2008)Media Law,5th edn, Penguin", "\u2022 Keeble, R. (2004). Information warfare in an age of Hyper-Militarism in S. Allan & B. Zelizer (Eds.), Reporting War: Journalism in Wartime", "\u2022 Gasser, HP. (2003)The Journalist's Right to Information in Time of War and on Dangerous Missions, Yearbook of International Humanitarian Law", "\u2022 Verschingel, G. (2008/9)Towards a Better Protection for Journalists in Armed Conflicts, Juridica Falconis", "\u2022 Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Rep.", "\u2022 Israeli Supreme Court (High Court of Justice) Public Committee Against Torture in Israel v Government of Israel (Targeted Killings), HCJ 769/02 (11 December 2005)", "\u2022 Prosecutor v Talic (Decision on Interlocutory Appeal), Case No IT-99-36, 11 December2002", "\u2022 Prosecutor v Tadic (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction),Case No IT-94-1, Appeals Chamber, 2 October 1995", "\u2022 Salmon, J. (dir), Dictionnaire de Droit International Public (Bruylant, 2001) 275 [translated from French]", "\u2022 Committee to Protect Journalist (2008) Statistics and Background: Journalists Killed 1992-2021[Online] Available at: https://cpj.org/data/killed/?status=Killed&motiveConfirmed%5B%5D=Confirmed&type%5B%5D=Journalist&coverages%5B%5D=War&start_year=1992&end_year=2021&group_by=year accessed on March 2021"]}

War journalism, by the nature of its work, is arguably one of the most dangerous professions in the world. Journalists working in conflict-prone areas are constantly exposed to the inherent threats of the battlefield. Over the period of time, there has been a number of attacks, assaults, and arrests upon journalistic profession who conduct reporting from conflict situations worldwide. What is more serious is that most of these attacks are deliberate in nature. The conflicting parties often fear the undeniable powers of word and image journalists spread. Under the current international regime, there is a number of normative frameworks which guarantees the protection of journalist operating in armed conflicts. However, there is a serious question regarding the adequacy and implementation of the available protection mechanisms. This paper is an attempt to study the current international framework which governs and protects the journalists operating in International and Non-International Armed Conflicts worldwide. Particular focus is given to the protection available under International Humanitarian Law. In addition, the paper clarifies the conditions in which journalists lose their protection and become legitimate targets. The paper also traces out the shortcomings within the current regime of International Humanitarian Law. Finally, the paper discusses some additional proposals that could enhance the safety of journalists in the field. The paper follows the qualitative method of research and uses both primary and secondary sources of information.

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Keywords

http://www.gphjournal.org/index.php/ssh/article/view/438, International Humanitarian Law, Geneva Conventions, Journalists, Armed Conflict

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