Importance

If this victim is a war journalist, lots of other victims of armed

conflict might go unnoticed
but beyond that also public awareness, press freedom and democracy
are crippled
War journalists are spectators objectively trying to report on a
conflict. They put their lives at risk being around areas of highly
concentrated violence, because that is the place to get the best story or
all the facts. By definition, war journalists often find themselves in
life-threatening situations. It is an extremely dangerous profession,
because war journalists have to be at the frontline to get the news they
need. In such circumstances no safety measures can ensure full
protection at all times.
Journalists are instrumental in raising awareness of wars and
play a critical role in influencing the international
community's humanitarian response to populations affected
by crises. However, the media's role in conflict reporting is
increasingly under threat. Ongoing, strategic attacks against
journalists have reduced the number of media
correspondents either willing, or able, to operate in war
zones, leaving others – such as social media-savvy activists,
fighters and governments – to fill the information void. As
journalists disappear from war zones. Covering armed conflicts
poses the most serious threat many journalists ever face.

A credentialed, uniformed journalist legally becomes a part of the military

unit with whom he or she is traveling, according to the Geneva
Conventions of 1949. Embedded journalists may be fired upon legally by
opposing forces as part of the unit, and the individual journalist may later
be detained legally and held for the duration of hostilities as a prisoner of
war.

Prisoner-of-war status can be a benefit. POWs are legally required to be

imprisoned away from hostilities, and they must be fed, given medical
attention, and publicly identified as prisoners (as opposed to being held
incommunicado), as well as being allowed to send and receive mail. POWs
may not be charged with espionage or civilian crimes, such as entering a
nation without a visa.
 Journalists are entitled to cover armed conflict as civilians operating
independently of any armed force, according to the 1977 Additional
Protocols to the Geneva Conventions. No civilian, including a journalist,
may be legally targeted by any forces. But independent journalists face
certain risks. Journalists captured while working unilaterally can be
charged with civilian crimes such as espionage and can be subject to the
potentially poor or abusive standards of civilian imprisonment.

Checkpoints
Interacting with armed groups at checkpoints is dangerous and
unpredictable. Numerous civilians, including at least four journalists, were
killed at U.S. military checkpoints in Iraq from 2003 through 2005.
Soldiers guarding checkpoints often operate in fear of suicide bombings
and other attacks.

Journalists may encounter drunk or impaired personnel at checkpoints run

by combatants, including irregular forces; they may be ordered to produce
cash or other favors in exchange for being allowed to proceed.
Under the 1949 Geneva Conventions, prisoners of war must at all times be
humanely treated. In addition, "they must at all times be protected,
particularly against acts of violence or intimidation and against insults and
public curiosity." Further, persons holding prisoners of war must in all
circumstances treat them with respect and honor. No form of coercion may
be inflicted on prisoners of war to obtain from them information "of any
kind whatever." More recently, article 45 of Additional Protocol I to the
Geneva Conventions, applicable to international armed conflicts, grants the
protections of "prisoner of war" status to persons taking part in hostilities
who fall into the power of an adverse party. According to Additional
Protocol II, similar protections are due to persons detained during non-
international armed conflicts. For example, "their physical or mental health
and integrity shall not be endangered by any unjustified act or omission."

Overview of key U.N. documents and resolutions directly

relating to impunity in journalist murders:

 Resolution 1738 (2006), adopted by the Security Council in December

2006, urges the protection of journalists covering armed conflict and
 emphasizes the need for states to end impunity in criminal acts against
journalists. It asks the U.N. secretary-general to include the issue of the
safety and security of journalists, media professionals, and associated
personnel when reporting on protection of civilians in armed conflict.

 The United Nations Human Rights Committee, a body of legal experts,

published General comment 34 on Article 19 of the International Covenant
on Civil and Political Rights, noting that all attacks against those who
practice freedom of expression should be “vigorously investigated in a
timely fashion, and the perpetrators prosecuted,” among other points.

 The U.N. Plan of Action for the Safety of Journalists and the Issue of
Impunity, drafted by UNESCO, was adopted by the U.N. Chief
Executives Board in April 2012. The plan’s measures include
establishing a coordinated inter-agency mechanism to handle issues
related to the safety of journalists, as well as assisting countries to
develop legislation and mechanisms favorable to freedom of
expression and information, and supporting their efforts to
implement existing international rules and principles. Its
implementation began in early 2013.

 In June 2012, U.N. special rapporteurs on extrajudicial, summary, or

arbitrary executions and promotion and protection of the right to
freedom of expression presented reports at the 20th session of the
U.N. Human Rights Council, which highlighted impunity in targeted
attacks against journalists as a major blight on human rights and
called on states to implement mechanisms to protect journalists and
promote justice.

 The U.N. Human Rights Council passed Resolution 21/12 on the

safety of journalists at its 21st session in September 2012. The
resolution expresses concern that “attacks against journalists often
occur with impunity, and calls upon States to ensure accountability
through the conduct of impartial, speedy and effective investigations
into such acts falling within their jurisdiction, and to bring to justice
those responsible and to ensure that victims have access to
appropriate remedies.” The resolution also asked the Office of the
High Commissioner for Human Rights to compile a report on good
 practices for protecting journalists and addressing impunity.
The report was presented at the 24th session of the Human Rights
Council in July 2013.

 The U.N. General Assembly adopted Resolution 68/163 on the Safety

of Journalists and the Issue of Impunity. The resolution proclaims
November 2 as the International Day to End Impunity for Crimes
against Journalists. It calls on states to dedicate the resources
necessary to investigate and prosecute attacks against journalists and
for the U.N. Secretary-General to report on the implementation of the
resolution and the U.N. Plan of Action to the General Assembly.

distinction between War Correspondents and Independent

Journalists
. It can be identified that Geneva Conventions identifies War Correspondents
and Independent Journalists as two distinct categories. Geneva Conventions
have not addressed the protection of journalists in non-international armed
conflicts. Therefore, journalists in internal armed conflicts are not protected
under Geneva conventions
In this backdrop, the research aims to identify the existing legal framework
governing journalists, to analyze inadequacy of the existing laws to protect
journalists and to recommend a suitable protection mechanism to protect
journalists.

War journalists are not taking part in the hostilities. They are civilians, who
happen to have the professional duty to report on the facts of the hostilities.
While journalists are clearly no combatants, they still often face the same risks
as combatants because of two main reasons. 1) War journalists sometimes
accompany the armed forces in combat to get a closer view of the hostilities. It
can be necessary or useful, for example, to go embedded with an army in areas
where civilians otherwise have no access. War journalists, however, remain
civilians even if they are accompanying the military troops and even if they are
wearing a military uniform. In such situations it might, however, become
difficult for the enemy to make the necessary division between combatants and
civilians when they attack military troops
2) While the first reason for physical insecurity is based on accidental or
inevitable injury, the second reason is based on deliberate actions. More and
more often, war journalists become the specific object of military or non-state
attacks. The targeting of journalists can be aimed at keeping events hidden from
the enemy or the world, at merely silencing the nosy and noisy media or at
frightening whoever will listen. A clear result is that it becomes dangerous to
start shouting “I am a journalist” on the battlefield
The ‘citizen journalist’ belongs to a category of news providers who do not have the actual
profession of a journalist, but collect and disperse information on their own initiative. It is often
unclear who is and who is not a professional journalist, but most journalists will obtain an identity
card or press card

There is no special protection for this, yet vulnerable, group of people. They have the same rights as
regular civilians, which in many occasions will even be the same protection official journalists
receive. There is an on-going debate whether there should be a different approach to protecting the
two different categories and whether or not these citizen journalists should be separately protected
at all. This debate, however, goes beyond the possible reach