Practice Relating to Rule 34. Journalists

Note: This chapter deals with civilian journalists; the case of war correspondents accredited to the armed forces, as provided for in Article 13 of the 1907 Hague Regulations and Article 4(A)(4) of the 1949 Geneva Convention III, is only addressed incidentally.
Additional Protocol I
Article 79 of the 1977 Additional Protocol I provides:
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.
2. They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in 4 A 4) of the Third Convention.
3. They may obtain an identity card … This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 79. Article 79 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 256.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia provides that “all civilians shall be treated in accordance with Articles 72 to 79 of Additional Protocol I”. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides that “all civilians shall be treated in accordance with Articles 72 to 79 of Additional Protocol I”. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
Argentina
Argentina’s Law of War Manual (1989) states: “Journalists engaged in dangerous professional missions in areas of armed conflict are considered to be civilians and must be protected as such.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 4.10.
Australia
Australia’s Defence Force Manual (1994) states:
Civilian journalists engaged in dangerous professional missions in areas of armed conflict … are to be afforded the protection that normally applies to civilians. Granting of this protection is subject to the journalists not engaging in conduct that is inconsistent with their civilian status … Protection does not extend to war correspondents who are members of the military forces of a nation. War correspondents are detained as PW [prisoners of war] upon capture whereas civilian journalists are deemed protected persons and would not normally be detained. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 915; see also Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 623.
Australia
Australia’s LOAC Manual (2006) states:
Special provision is made for civilian journalists engaged in dangerous professional missions in areas of armed conflict. They are to be afforded the protection that normally applies to civilians. Granting of this protection is subject to the journalists not engaging in conduct that is inconsistent with their civilian status. Such journalists are normally issued with special identity cards. Protection does not extend to war correspondents who are members of the military forces of a nation. War correspondents are detained as PW [prisoners of war] upon capture whereas civilian journalists are deemed protected persons and would not normally be detained. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.15; see also § 10.14.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Benin
Benin’s Military Manual (1995) cites journalists and journalists on dangerous mission as examples of civilians. 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule I, p. 12.
Cameroon
Cameroon’s Instructor’s Manual (1992) provides: “Journalists carrying out an assignment in a zone of hostilities fall into the category of [civilians].” 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 17.
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “The Journalist”, states: “He is considered a civilian whilst gathering information in the combat zone. He must refrain from undertaking any action that compromises his status as a civilian, to which he owes his general protection.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 30, § 132; see also p. 50, § 231, p. 76, § 322, p. 92, § 352.11 and p. 134, § 412.11.
The manual also states:
The war correspondent … is accredited by his military commander. He is integrated into the Armed Forces, wears a uniform and possibly a distinctive sign which makes it possible to recognize him [as a war correspondent]. In case of capture, he is considered as prisoner of war. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 30, § 132; see also p. 50, § 232, p. 76, § 322, p. 94, § 352.28, p. 137, § 412.281 and p. 230, § 541.
The manual further states: “If war correspondents are wounded, sick or shipwrecked, they equally benefit from the protection granted to combatants”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 230, § 542.
Canada
Canada’s LOAC Manual (1999) states:
Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered civilians. As such, they are non-combatants and may not be attacked. Should a journalist be detained, such journalist’s status will be that of a civilian. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 3-3, § 23; see also p. 4-7, § 61.
Canada
Canada’s LOAC Manual (2001) states in its chapter entitled “Combatant Status”:
Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered civilians. As such, they are non-combatants and may not be attacked. Should a journalist be detained, such journalist’s status will be that of a civilian. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 313.
The manual further states: “Journalists who are authorized to accompany the armed forces are ‘war correspondents.’ They are non-combatants but risk being attacked as part of a legitimate target. War correspondents who are captured by the enemy are PWs [prisoners of war].” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 314.
In its chapter on targeting, the manual also states:
Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and are entitled to the protection accorded to civilians under the LOAC, provided they take no action adversely affecting their status as civilians. Such journalists must possess identity cards that attest to their status as journalists. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 441.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 1 (Basic and team leader instruction): “Civilians are those persons who are not members of the armed forces and who are not taking part in a levée en masse ( … [including] journalists engaged in dangerous professional missions).” 
Central African Republic, Le Droit de la Guerre, Fascicule No. 1: Formation élémentaire toutes armés (FETA), formation commune de base (FCB), certificat d’aptitude technique No. 1 (Chef d’équipe), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter II, Section I, § 2.
Chad
Chad’s Instructor’s Manual (2006) states:
A distinction must be made between two categories of staff whose professional status may lead to confusion and disrupt combatants’ behaviour: journalists and war correspondents.
(1) Journalists
Journalists have an identity card issued by the government of the State of which the journalist is a national or in whose territory he resides or where the news organization employing him is located. Journalists are considered civilians searching for information in the combat area. They must refrain from taking action adversely affecting their status as civilians, which is the basis for their being given general protection.
(2) War correspondents
By contrast, war correspondents are accredited by their military command. They are integrated into the armed forces, wear uniform and may wear a distinctive sign enabling their function to be recognized. If they are captured, they are considered prisoners of war. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 54; see also pp. 34 and 56.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.1.4. Journalists
Apart from accredited war correspondents, one seldom sees journalists carrying out dangerous professional missions in conflict zones. They must in every respect be treated as civilians. They must be protected and must not be attacked. In order to guarantee their immunity, they must, however, behave in a way that makes them recognizable as civilians, i.e. not take a direct part in the hostilities. They can also obtain from their own government an identity card attesting to their status as journalist (an example can be found in Annex II to Additional Protocol I). They must accept the dangers and risks inherent to a conflict. In case of capture, they must be treated humanely, protected and handed over to the superior unit, which will treat them in conformity with the special provisions of the law applying to foreign civilians. In contrast to war correspondents, they are not entitled to prisoner-of-war status. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 23; see also Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 35.
France
France’s LOAC Manual (2001) quotes Article 4(A)(4) of the 1949 Geneva Convention III and Article 79(1) of the 1977 Additional Protocol I and adds:
In case of capture, journalists enjoy either the status of prisoners of war or that of civilian persons and the rights and protections attached thereto, depending on whether they are war correspondents or not. They must be able to prove their status. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 75.
Germany
Germany’s Military Manual (1992) states:
Journalists engaged in dangerous professional missions in areas of armed conflict are protected as civilians, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status of persons accompanying the armed forces without actually being members thereof. Journalists may obtain an identity card which attests to their status. 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 515.
Ireland
Ireland’s Basic LOAC Guide (2005) states:
Journalists engaged in dangerous professional missions in areas of armed conflict are regarded as civilians. They are protected as such under the law of armed conflict so long as they take no action adversely affecting their status as non-combatants. …
If, for example, they are moving in the battle area and are given transport facilities by the forces operating there, they may not assist the latter in beating off an attack or dealing with a sniper. 
Ireland, Basic Guide to the Law of Armed Conflict, TP/TRG/01-2005, Director of Defence Forces Training, Department of Defence, July 2005, p. 11.
Israel
With reference to Israel’s Law of War Booklet (1986), the Report on the Practice of Israel states:
Journalists and other members of the press would never be intentionally targeted by the IDF [Israel Defense Forces]. Obviously, such protection would be lost if these individuals actually participated in hostile activities. 
Report on the Practice of Israel, 1997, Chapter 1.1, referring to Conduct in the Battlefield in Accordance with the Law of War, Israel Defense Forces, 1986, p. 14.
Madagascar
Madagascar’s Military Manual (1994) states: “Journalists engaged in a dangerous mission are civilians.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-SO, § B.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1977 Additional Protocol I, states that “journalists on dangerous assignments are to be treated as civilians.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 255.
Netherlands
The Military Manual (1993) of the Netherlands states:
Journalists engaged in “free newsgathering” must be considered as civilians. They must be protected as such provided they take no action adversely affecting this status … The humanitarian law of war does not prohibit armed forces in whose area of operations journalists are active to impose restrictions on journalists. Journalists are not the same as persons accredited to the armed forces as war correspondents. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, pp. VIII-3/VIII-4.
Netherlands
The Military Manual (2005) of the Netherlands states: “Persons who accompany armed forces without directly belonging to them are non-combatants, but have prisoner-of-war status if captured. Examples are war correspondents.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0310.
In its chapter on the protection of the civilian population, the manual states:
0812. Specific rules for journalists
Journalists engaged in the “free gathering of news” must be considered civilians. As such, they should be protected, provided they take no actions which adversely affect this status. The state of which they are subjects may issue them with identity cards. The humanitarian law of war does not prohibit armed forces from imposing restrictions on journalists within their area of operations. Journalists are not persons accredited with the armed forces as war correspondents, who are considered to belong to the category of “accompanying persons” and who, if captured by the adversary, become prisoners of war (see point 0310). 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0812.
New Zealand
New Zealand’s Military Manual (1992) states:
Journalists engaged in dangerous professional missions in areas of armed conflict are regarded as civilians. They are protected as such under the [1949 Geneva] Conventions and the 1977 Additional Protocol I so long as they take no action adversely affecting their status as civilians. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1138.
The manual considers that Article 79 of the 1977 Additional Protocol I
is a new provision and such journalists enjoy no special protection in relation to States which are not bound by [the 1977 Additional Protocol I]. In regard to such States, they may well be taken for spies if they are found in areas of armed conflict while equipped with, eg, cameras. Such journalists must be furnished with proper identity cards. Also, they must not be confused with war correspondents accredited to armed forces in the field. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1138, footnote 94.
Nigeria
Nigeria’s Military Manual (1994) provides: “Journalists engaged in dangerous professional missions in [an] area of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1 [of the 1977 Additional Protocol I]”. 
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 8, § 9(d).
The manual further states:
Journalists now turn victims of circumstance. A case in point is the brutal killing of two Nigerian journalists from Guardian Newspaper and Champion by Charles Taylor’s faction in Liberia. It is common news and knowledge that journalists in most of these international armed conflicts are arrested, detained, intimidated and above all killed. This therefore is a failure of the provision of the Geneva Conventions. 
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 32, § 9.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states:
journalists means persons who are not members of the armed forces and who are on professional missions in areas of armed conflicts. Journalists are considered civilians and enjoy protection stipulated by international humanitarian law on condition that they do not commit any acts incompatible with their civilian status. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 1.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) prohibits attacks on “war correspondents”. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 35.
Spain
Spain’s LOAC Manual (1996) states that journalists and war correspondents on mission in an area of armed conflict are civilians and may not be attacked. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 4.5.b.(1).
Spain
Spain’s LOAC Manual (2007) states: “The following are not military objectives and cannot therefore be attacked: … War correspondents and journalists on assignment in armed conflict areas, [who are civilians]”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 4.5.b.(1).(b); see also § 7.3.a.(5) and Annex C.
The manual also states: “War correspondents are entitled to prisoner-of-war status. They are defined as all those members of the media who accompany the armed forces with their permission and with the relevant accreditation.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 5.2.a.(2).(f); see also Annex C.
The manual further states: “Journalists are not afforded absolute protection; they are considered to be civilians when undertaking dangerous professional missions, provided that they take no action adversely affecting their status as civilians.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(2); see also § 5.2.a.(2).(f) and Annex C.
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states: “Accredited journalists are protected as civilians. They must be able to prove their identity and obey the instructions given by armed forces personnel, who act in accordance with the directives on dealing with media representatives, which are issued specifically for each operation”. 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 200.
Togo
Togo’s Military Manual (1996) cites journalists on dangerous mission as an example of civilians. 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule I, p. 13.
Ukraine
Ukraine’s IHL Manual (2004) states:
1.2.24. Non-combatants (those who do not fight) are members of the armed forces who provide assistance to them but take no direct part in hostilities. These [include] … war correspondents … Weapons shall not be employed against such persons while they are engaged in the performance of their direct duties.
Such persons become combatants in case of their direct participation in hostilities.
1.2.43. Journalists who are not members of armed forces and engaged in professional missions in areas of armed conflict shall be considered as civilians. They shall be protected under international humanitarian law provided that they take no hostile action. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.2.24 and 1.2.43.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
Apart from war correspondents accredited to the armed forces, who have prisoner of war status on capture, journalists engaged in professional missions in areas of armed conflict are entitled to the protection afforded a civilian. A special identity card certifying status as a journalist may be issued by the state of which the individual is a national, or in which he resides, or where his employer is located. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 8.18; see also §§ 5.30–5.31.1.
United States of America
The US Naval Handbook (2007) states:
War correspondents, although civilians, may be accredited by the armed forces that they accompany. While war correspondents are not combatants, their close proximity to combatants means that they may be incidentally killed or injured during a lawful attack on a military objective. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 11.5.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Ethiopia
Ethiopia’s Criminal Code (2004) states:
Article 271.- War Crimes against Wounded, Sick or Shipwrecked Persons or Medical Services.
(1) Whoever, in the circumstances defined above [i.e., in time of war, armed conflict or occupation … and in violation of the rules of public international law and of international humanitarian conventions] organizes, orders or engages in:
(c) compelling persons engaged in … journalistic activities to perform acts or to carry out work contrary to or to refrain from acts required by their … professional rules and ethics or other rules designed for the benefit of the wounded, sick or civilian population,
is punishable in accordance with Article 270 [i.e., with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death]. 
Ethiopia, Criminal Code, 2004, Article 271(1).
Ireland
Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1977 Additional Protocol I, including violations of Article 79, is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended, 1981 § 108(b).
Sudan
Sudan’s Armed Forces Act (2007) provides:
Subject to the provisions of the Criminal Act of 1991, shall be punished with imprisonment for a term not exceeding twenty years, or with any lighter penalty, whoever treats inhumanly any of the persons hereinafter mentioned, during wartime, by killing him/her or causing physical or moral injury or grievous suffering thereto …:
(b) journalists who perform professional missions. 
Sudan, Armed Forces Act, 2007, Article 152.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
International humanitarian law, in its treaty and customary form applicable in internal armed conflicts, provides for the special protection of certain categories of persons and property particularly vulnerable to the effects of war. The main categories of persons specially protected [include] … journalists. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, pp. 120.
Russian Federation
In its judgment in the Situation in Chechnya case in 1995, the Russian Federation’s Constitutional Court held that several orders and decrees issued by the Russian Government in 1994 which deprived journalists working in the conflict zone of their accreditation were unconstitutional. 
Russian Federation, Constitutional Court, Situation in Chechnya case, Judgment, 31 July 1995.
Spain
In 2010, in the Couso case, which concerned the killing of a Spanish journalist in Baghdad on 8 April 2003 by troops of the United States of America, the Criminal Chamber of Spain’s Supreme Court held:
F) The [1949] IV Geneva Convention and its [1977] Additional Protocol I, incorporated to our legal system through Article 96(1) CE [1978 Spanish Constitution], which establishes the protection of persons defined as “civilians” (in particular journalists) … [has] been manifestly unfulfilled … by the US. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Segundo, § 1, p. 7.
The Court also referred to norms of IHL relevant to the case under review, including Article 79 of 1977 Additional Protocol I. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section II(II), Sexto, § 2, p. 15.
The Court upheld the appeal against the order of 23 October 2009 by the Third Section of the Criminal Chamber of the Spanish National Court, which declared the termination of the proceedings, and held that “the proceedings must continue, and the outstanding preparatory enquiries must be undertaken, as well as any others arising from the clarification of the events under investigation. 
Spain, Supreme Court, Couso case, Judgment, 13 July 2010, Section III, pp. 20–21.
Botswana
The Report on the Practice of Botswana states that journalists must not be attacked. 
Report on the Practice of Botswana, 1998, Chapter 1.1.
Brazil
In 1971, during a debate in the Third Committee of the UN General Assembly, Brazil stated with respect to the protection of journalists that overwhelming support was to be found in the international community both for the basic principle that a distinction should be made between the treatment accorded to combatants and non-combatants and for the consequent adoption of measures to ensure the personal safety of journalists in areas of armed conflict. 
Brazil, Statement before the Third Committee of the UN General Assembly, UN Doc. A/C.3/SR.1890, 1 December 1971, § 4.
Canada
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the minister counsellor of the Permanent Mission of Canada stated: “We condemn the targeting of journalists, media professionals and associated personnel … We must continue to work to bring the perpetrators of such heinous acts to justice. Those who deliberately target civilians with violence must be held to account.” 
Canada, Statement by the minister counsellor of the Permanent Mission of Canada during a UN Security Council open debate on the protection of civilians in armed conflict, 17 July 2013.
France
In 2007, in response to a question in the Assemblée Nationale (lower house of parliament), France’s Minister of Foreign Affairs stated:
… war correspondents, special envoys, independent journalists are attacked more and more often when they are only doing their jobs. The year 2006 will have been the most murderous for journalists.
The violence of these attacks against journalists is all the more inacceptable as the freedom to work, the freedom of expression, and the freedom to inform are fundamental values of our Republic.
It was necessary to respond to these attacks and I would like to acknowledge two initiatives here.
First, the activities of Reporters Without Borders and of its president, Robert Menard, as well as their monitoring and mobilization capacity.
Second, the parliamentary information report that you have signed … and the proposal to present a resolution at the UN Security Council.
I have presented that resolution with my Greek colleague. That resolution – 1738 – was adopted unanimously by the Security Council in New York on 23 December. What does it say?
First of all, that crimes committed against journalists must be systematically investigated and that those responsible for these crimes must be punished.
Furthermore, that all States must accept the freedom and independence of the press.
But you are right, …, it is necessary to extend the resolution, so that the new entities, which are the International Criminal Court, the Human Rights Council, the Council of Europe and the OSCE can continue to contribute to the security and independence of journalists. 
France, Assemblée Nationale, Compte rendu intégral, Second Sitting, Tuesday, 9 January 2007, 104th Sitting of the ordinary session 2006–2007, Reply by Minister of Foreign Affairs.
Germany, Federal Republic of
In 1973, during a debate in the Third Committee of the UN General Assembly, the Federal Republic of Germany stated that, since the protection of journalists during armed conflict was part of IHL, the provisions relating to the protection of civilians were also applicable in principle to journalists, unless they belonged to the armed forces. 
Germany, Federal Republic of, Statement before the Third Committee of the UN General Assembly, UN Doc. A/C.3/SR.1991, 10 October 1973, § 31.
Greece
In 2006, in a UN Security Council meeting on the protection of civilians in armed conflict, the permanent representative of Greece stated:
To this one should also add the deliberate attacks against journalists and media staff in situations of armed conflict. The number of casualties against this category of civilians has considerably increased during the past years. Such attacks aim at interfering with the free flow of information and its dissemination, which is crucial for the protection of civilians and important component in every democratic society.
Journalists are entitled to the protection afforded to them by the relevant provisions of international humanitarian law and States and non-state actors should respect this law. 
Greece, Statement by the permanent representative at the UN Security Council meeting on protection of civilians in armed conflict, 5 December 2006.
India
In 2013, in a statement before the UN Security Council during an open debate on the protection of journalists in armed conflict, the permanent representative of India stated:
Since 1950, India has adhered to and fully supported the [1949] Geneva Conventions. We also recall this Council’s demand in Resolution 1738 that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel.
While discussing best practices for protecting journalists in conflict situations, we would recommend certain basic precautions. These recommendations are meant to put in context issues of access and security in conflict situations. First and foremost, journalists should function within the relevant domestic laws of the countries concerned, so that they have full recourse to the protection afforded by such laws to them. Second, their access to conflict zones should be in a legal manner. Third, they should maintain strict neutrality and impartiality and not become a party to the conflict. By following such precautions, it will become easier for States to protect journalists, facilitate their professional work, and ensure that journalists become a catalyst for conflict resolution and peacebui[l]ding.
On their part, national governments must come together and pledge to provide protection to journalists in conflict situations, especially where their whereabouts and coordinates have been provided in advance. 
India, Statement by the permanent representative of India during a UN Security Council open debate on the protection of civilians: protection of journalists in conflict situations, 17 July 2013.
Jordan
On the basis of an interview with a high-ranking officer, the Report on the Practice of Jordan notes that no attacks by Jordanian armed forces against journalists covering armed conflict have been reported. 
Report on the Practice of Jordan, 1997, Interview with a high-ranking army officer, Chapter 1.1.
Nigeria
According to the Report on the Practice of Nigeria, Nigeria’s practice in relation to journalists is that they should not be arrested, detained, intimidated or killed in armed conflicts. 
Report on the Practice of Nigeria, 1997, Chapter 1.1.
Republic of Korea
The Report on the Practice of the Republic of Korea mentions a case before a military tribunal in 1952, in which journalists who participated in subversive activities and killed civilians were considered to be war criminals. On this basis, the report infers that journalists who are not participating in hostilities shall be protected. 
Report on the Practice of the Republic of Korea, 1998, Chapter 1.1, referring to Document of a Military Tribunal, 28 April 1952.
Rwanda
Based on replies by army officers to a questionnaire, the Report on the Practice of Rwanda states that journalists must not be attacked. When detained, they must be released as soon as their status as journalists has been established. 
Report on the Practice of Rwanda, 1997, Replies by army officers to a questionnaire, Chapter 1.1.
Since Rwanda became a member of the Council in January this year, we have put our time into debating the protection of civilians in armed conflict, in both thematic debates and country-specific situations. Following the debates on the protection of civilians, sexual violence in conflict, children and armed conflict and specific human rights and humanitarian situations such as Syria, today we are discussing the protection of another group of people who are vulnerable in situations of armed conflicts, namely, journalists.
Journalists play a critical role in informing the world on ongoing conflicts and on our daily work in the Council. With new technology and social media we feel like we are living in various conflict theatres, following every event and breaking news. By reporting on cases of international concern, journalists provide us with useful information inside certain points of reference. In this context, it is always the worst news to hear when a person who was providing others perspective on a conflict was killed by a bomb or stray bullet or, even worse, was assassinated in cold blood by belligerents. At times, we hear that a well-known face was abducted by armed groups. Most of us followed the recent ordeal of our friend Richard Engel in Syria. In other cases, journalists are jailed, tortured, raped or sexually assaulted.
Rwanda is alarmed by reports of failure to comply with humanitarian obligations to protect journalists, including reports of deliberate killing, disappearance, torture or other cruel, inhumane or degrading treatment of journalists by parties to conflicts.
In addition, while recent reports indicate that the number of abuses against journalists has declined in some countries, it is our concern that the violence in Syria and Somalia continues to endanger journalists and media professionals reporting on those conflicts. 
Rwanda, Statement by the permanent representative of Rwanda before the UN Security Council during a meeting on the protection of journalists in armed conflict, UN Doc. S/PV.7003, 17 July 2013, p. 18.
Somalia
In 2011, during the consideration of Somalia’s report to the Human Rights Council, a statement of the delegation of Somalia was summarized by the Council as follows: “The Government gave instructions to security forces to ensure that journalists are protected”. 
Somalia, Statement by the Delegation of Somalia before the Human Rights Council during the consideration of the report of Somalia, published in the Report of the Working Group of the Human Rights Council on the Universal Periodic Review, 11 July 2011, UN Doc. A/HRC/18/6, § 71.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states:
Civilians
Up to 1949, international humanitarian law protected the wounded, sick, shipwrecked and imprisoned members of the armed forces. The Geneva Conventions of 1949 extended protection in time of war to the civilian population. The Additional Protocols of 1977 increased the degree of protection and extended it by means of special regulations to specific categories of civilians (Women, Children, Refugees, Journalists).
Journalists
With the exception of war correspondents accompanying armed forces, journalists are considered as Civilians and are protected as such. The [1977] First Additional Protocol to the Geneva Conventions of 1949 gives specific protection to journalists and provides that they can obtain an identity card. 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, pp. 12 and 29.
Switzerland
In 2010, in response to a motion by a member of the National Council, Switzerland’s Federal Council wrote:
Switzerland recognizes the importance of protecting journalists in areas of conflict, and is deeply concerned about the increase in acts of violence against local and international journalists. …
Switzerland is committed to better respect for international humanitarian law. At the 30th International Conference of the Red Cross and Red Crescent in 2007 it pledged to take measures to reinforce the implementation of international humanitarian law applicable to journalists. Switzerland engages in multilateral fora, such as the Human Rights Council, and through bilateral representations or press releases to condemn violations of the law committed against journalists.
Recognizing that the implementation, on the ground, of the protection granted to journalists remains largely insufficient, Switzerland welcomes all initiatives aimed at strengthening the application of the existing rules and at improving respect for their obligations by the different parties to an armed conflict. Indeed, Switzerland is convinced that the too-numerous violations of international law committed against journalists are not due to insufficient norms but to a lack of respect for the law by the actors in armed conflicts and those who influence their behaviour. …
The Federal Council considers that the elaboration of a Convention is not an adequate means of improving the protection of journalists. However, consultations with governments and experts, in close collaboration with other States and the ICRC, to identify and clarify the different options available to the international community, including an international meeting on this topic, may prove judicious. In that regard, one can mention that the Human Rights Council has decided to hold a panel discussion on the protection of journalists in time of armed conflicts at its 14th session in June 2010. 
Switzerland, National Council, Response by the Federal Council to Motion No. 10.3040, 12 May 2010, p. 2.
Switzerland
In 2013, in a statement before the UN Security Council during a debate on the protection of journalists in armed conflict, the permanent representative of Switzerland stated:
Switzerland recalls that journalists engaged in dangerous professional missions in areas of armed conflict are civilians and shall not be the object of attacks, unless and for such time as they are directly participating in hostilities. I should also like to recall the importance of [UN Security Council resolution] S/RES/1738 (2006), which calls on States to prevent attacks on journalists and recalls the importance of protective legal instruments such as the [1977] additional protocols to the [1949] Geneva Conventions.
Impunity, … , is seen as the major cause of continuous attacks on journalists. …
… Not only do journalists have the right to be protected, but the conduct of investigations into crimes of violence against them must also be conducted promptly, impartially and effectively. 
Switzerland, Statement by the permanent representative of Switzerland during a UN Security Council debate on the protection of journalists, UN Doc. S/PV.7003, 17 July 2013.
United Kingdom of Great Britain and Northern Ireland
In 2003, in reply to a written question in the House of Commons asking whether there would be “an inquiry into the numbers of deaths of journalists during the current campaign in Iraq”, the UK Parliamentary Under-Secretary of State for Defence wrote:
All reports of coalition action resulting in the deaths of civilians are investigated. The United Kingdom of Great Britain and Northern Ireland works with coalition partners to verify the facts of such reported incidents. The profession of civilian casualties is not a concern when investigating such incidents.
Very careful attention is applied to ensure that in the coalition’s campaign the risk of damage to civilian populations and infrastructure is minimised. However, military action is never without risk, and lawful actions against military targets may result in harm to civilians. Any civilian casualties resulting from military action are deeply regretted.
The active battlefield is not a benign environment and coalition forces cannot be held responsible for, or guarantee the safety of, journalists who enter such a location independently. This is one of the reasons why we have embedded war correspondents whose activities can be properly co-ordinated with our own forces. 
United Kingdom, House of Commons, Written answer by the Parliamentary Under-Secretary of State for Defence, Hansard, 14 April 2003, Vol. 403, Written Answers, col. 571W.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We also support the principle that journalists be protected as civilians under the [1949 Geneva] Conventions, provided they take no action adversely affecting such status.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 428.
United States of America
In 1992, in a report submitted pursuant to paragraph 5 of UN Security Council Resolution 771 (1992) on grave breaches of the 1949 Geneva Convention IV committed in the former Yugoslavia, the United States included the killing of a television producer and the wounding of a camerawoman by sniper fire in Sarajevo among “deliberate attacks on non-combatants”. 
United States, Former Yugoslavia: Grave Breaches of the Fourth Geneva Convention (Third Submission), annexed to Letter dated 5 November 1992 to the UN Secretary-General, UN Doc. S/24791, 10 November 1992, p. 19.
Zimbabwe
The Report on the Practice of Zimbabwe states: “Persons such as journalists are certainly civilians not combatants. They should not be attacked. This point qualifies for customary rule status.” 
Report on the Practice of Zimbabwe, 1998, Chapter 1.1.
UN Security Council
In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
Recalling the Geneva Conventions of 12 August 1949, in particular the Third Geneva Convention of 12 August 1949 on the treatment of prisoners of war, and the Additional Protocols of 8 June 1977, in particular article 79 of the Additional Protocol I regarding the protection of journalists engaged in dangerous professional missions in areas of armed conflict,
Recognizing that the consideration of the issue of protection of journalists in armed conflict by the Security Council is based on the urgency and importance of this issue, and recognizing the valuable role that the Secretary-General can play in providing more information on this issue,
1. Condemns intentional attacks against journalists, media professionals and associated personnel, as such, in situations of armed conflict, and calls upon all parties to put an end to such practices;
2. Recalls in this regard that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians. This is without prejudice to the right of war correspondents accredited to the armed forces to the status of prisoners of war provided for in article 4.A.4 of the Third Geneva Convention;
3. Recalls also that media equipment and installations constitute civilian objects, and in this respect shall not be the object of attack or of reprisals, unless they are military objectives;
5. Recalls its demand that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel;
6. Urges States and all other parties to an armed conflict to do their utmost to prevent violations of international humanitarian law against civilians, including journalists, media professionals and associated personnel;
8. Urges all parties involved in situations of armed conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians. 
UN Security Council, Res. 1738, 23 December 2006, preamble and §§ 1–3, 5–6 and 8, voting record: 15-0-0.
UN General Assembly
In a resolution adopted in 1970 on the protection of journalists engaged in dangerous missions in areas of armed conflict, the UN General Assembly:
Noting with regret that journalists engaged in missions in areas where an armed conflict is taking place sometimes suffer as a result of their professional duty, which is to inform world public opinion objectively,
Bearing in mind the appeal made by the Secretary-General on 30 September 1970 on behalf of missing journalists,
Recognizing that certain types of protection can be granted to journalists under:
(a) Article 4 of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949,
(b) Article 13 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, of 12 August 1949,
(c) Article 13 of the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, of 12 August 1949,
(d) Article 4 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
Being aware, however, that these provisions do not cover some categories of journalists engaged in dangerous missions and do not correspond to their present needs,
Convinced of the need for an additional humanitarian international instrument to ensure the better protection of journalists engaged in dangerous missions, particularly in areas where an armed conflict is taking place,
1. Expresses its grave concern about the fate of press correspondents carrying out dangerous missions;
2. Expresses its deepest regret that some of those correspondents have paid with their lives for their conscientious approach to their missions;
3. Invites all States and all authorities parties to an armed conflict to respect and apply in all circumstances the provisions of the Geneva Conventions of 12 August 1949 in so far as they are applicable, in particular, to war correspondents who accompany armed forces but are not actually a part of them;
4. Invites the Economic and Social Council to request the Commission on Human Rights to consider at its twenty-seventh session the possibility of preparing a draft international agreement ensuring the protection of journalists engaged in dangerous missions and providing, inter alia, for the creation of a universally recognized and guaranteed identification document;
5. Invites the Commission on Human Rights to consider this question as a matter of priority at its twenty-seventh session in order that a draft international agreement may be adopted as soon as possible by the General Assembly or by some other appropriate international body. 
UN General Assembly, Res. 2673 (XXV), 9 December 1970, preamble and §§ 1–5, voting record: 85-0-32-10.
UN General Assembly
In a resolution adopted in 1971 on the protection of journalists engaged in dangerous missions in areas of armed conflict, the UN General Assembly:
Being aware that the provisions of the humanitarian conventions at present in force do not cover some categories of journalists engaged in dangerous missions and do not correspond to their present needs,
1. Believes that it is necessary to adopt a convention providing for the protection of journalists engaged in dangerous missions in areas of armed conflict expressed the belief that an international convention was needed to protect journalists engaged in dangerous missions in areas of armed conflict.  
UN General Assembly, Res. 2854 (XXVI), 20 December 1971, preamble and § 1, voting record: 96-2-20-14.
UN General Assembly
In a resolution adopted in 1973 on the protection of journalists engaged in dangerous missions in areas of armed conflict, the UN General Assembly:
Aware that the provisions of the humanitarian conventions at present in force do not cover certain categories of journalists engaged in dangerous missions in areas of armed conflict and do not correspond to their present needs,
1. Expresses the opinion that it would be desirable to adopt a convention ensuring the protection of journalists engaged in dangerous missions in areas of armed conflict. 
UN General Assembly, Res. 3058 (XXVIII), 2 November 1973, preamble and § 1, adopted without a vote.
UN General Assembly
In a resolution adopted in 1975 on respect for human rights in armed conflicts, the UN General Assembly:
Takes note with appreciation of the decision of the Diplomatic Conference [on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts] on the protection of journalists engaged in dangerous professional missions in areas of armed conflict, and of the intention of the Conference to complete its work on the subject during its next session. 
UN General Assembly, Res. 3500 (XXX), 15 December 1975, § 4, adopted without a vote.
UN General Assembly
In a resolution adopted in 1996 on the situation of human rights in Afghanistan, the UN General Assembly strongly urged “all parties to the conflict to take all necessary measures to ensure the safety of … representatives of the media in Afghanistan”. 
UN General Assembly, Res. 51/108, 12 December 1996, § 9, adopted without a vote.
UN General Assembly
In a resolution adopted in 1998 on the human rights situation in Kosovo, the UN General Assembly called upon the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as armed Albanian groups, to refrain from any harassment and intimidation of journalists. 
UN General Assembly, Res. 53/164, 9 December 1998, § 19, voting record: 122-3-34-26.
UN General Assembly
In a resolution adopted in 2003 on questions relating to information, the UN General Assembly urged all countries, organizations of the United Nations system as a whole and all others concerned “[t]o ensure for journalists the free and effective performance of their professional tasks and condemn resolutely all attacks against them”. 
UN General Assembly, Res. 58/101 A, 9 December 2003, (b), adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on questions relating to information, the UN General Assembly urged all countries, organizations of the United Nations system as a whole and all others concerned “[t]o ensure for journalists the free and effective performance of their professional tasks and condemn resolutely all attacks against them”. 
UN General Assembly, Res. 59/126 A, 10 December 2004, (b), adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on questions relating to information, the UN General Assembly urged all countries, organizations of the United Nations system as a whole and all others concerned “[t]o ensure for journalists the free and effective performance of their professional tasks and condemn resolutely all attacks against them”. 
UN General Assembly, Res. 60/109 A, 8 December 2005, (b), adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on questions relating to information, the UN General Assembly urged all countries, organizations of the United Nations system as a whole and all others concerned “[t]o ensure for journalists the free and effective performance of their professional tasks and condemn resolutely all attacks against them”. 
UN General Assembly, Res. 61/121 A, 14 December 2006, (b), adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the situation in Afghanistan, the UN General Assembly condemned “recent cases of the abduction and even killing of journalists and other civilians by terrorist and extremist groups”. 
UN General Assembly, Res. 62/6, 11 November 2007, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on questions relating to information, the UN General Assembly urged all countries, organizations of the United Nations system as a whole and all others concerned “[t]o ensure for journalists the free and effective performance of their professional tasks and condemn resolutely all attacks against them”. 
UN General Assembly, Res. 62/111 A, 17 December 2007, (b), adopted without a vote.
UN Commission on Human Rights
In 1993, the UN Commission on Human Rights appointed a Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. The mandate of the Rapporteur included the gathering of all relevant information on discrimination, threats or use of violence and harassment, including persecution and intimidation, against professionals in the field of information seeking to exercise or to promote the exercise of the right to freedom of opinion and expression. 
UN Commission on Human Rights, Res. 1993/45, 5 March 1993, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1995, the UN Commission on Human Rights deplored continued attacks, acts of reprisal, abductions and other acts of violence committed against representatives of the international media in Somalia, sometimes resulting in serious injury or death. 
UN Commission on Human Rights, Res. 1995/56, 3 March 1995, preamble.
UN Commission on Human Rights
In a resolution adopted in 1996 on the situation of human rights in Burundi, the UN Commission on Human Rights condemned the murder of journalists. 
UN Commission on Human Rights, Res. 1996/1, 27 March 1996, § 11, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1999, the UN Commission on Human Rights recalled the 1995 Johannesburg Principles and expressed its concern at the widespread violence directed at persons exercising the right to freedom of opinion and expression. The Commission also expressed its concern that such violations “are facilitated and aggravated by several factors”, including “abuse of states of emergency, exercise of the powers specific to states of emergency without formal declaration and too vague a definition of offences against State security”. 
UN Commission on Human Rights, Res. 1999/36, 26 April 1999, preamble and §§ 3–4, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the right to freedom of opinion and expression, the UN Commission on Human Rights:
3. Expresses its continuing concern at:
(c) Killings of and attacks particularly directed against journalists in situations of armed conflict, as well as other threats and acts of violence, including terrorist acts, directed against media professionals;
6. Urges all States:
(d) To take all measures to investigate all threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and bring to justice perpetrators of such acts;
7. Calls upon all States to respect all human rights and fundamental freedoms and calls on all parties to armed conflict to respect international humanitarian law, including their obligations under the Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto of 8 June 1977, whose provisions extend protection to journalists in situations of armed conflict;
9. Calls upon States to refrain from imposing restrictions which are not consistent with the provisions of article 19, paragraph 3, of the International Covenant on Civil and Political Rights, including on:
(d) Journalists in situations of armed conflict. 
UN Commission on Human Rights, Res. 2003/42, 23 April 2003, §§ 3(c), 6(d), 7 and 9(d), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the right to freedom of opinion and expression, the UN Commission on Human Rights:
Deeply concerned that violations of the right to freedom of opinion and expression continue to occur, including attacks directed against, and killings of, journalists and media workers, and stressing the need to ensure greater protection for all media professionals and for journalistic sources,
3. Expresses its continuing concern that:
(c) Threats and acts of violence, including killings, attacks and terrorist acts, particularly directed against journalists and other media workers in situations of armed conflict, still occur with impunity;
4. Calls upon all States:
(c) To ensure that victims of violations of these rights have an effective remedy, to investigate effectively threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and to bring to justice those responsible;
5. Calls on all parties to armed conflict to respect international humanitarian law, including their obligations under the Geneva Conventions of 12 August 1949 for the protection of victims of war and the two Additional Protocols thereto of 8 June 1977, whose provisions extend protection to journalists in situations of armed conflict.  
UN Commission on Human Rights, Res. 2004/42, 19 April 2004, preamble and §§ 3(c), 4(c) and 5, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the right to freedom of opinion and expression, the UN Commission on Human Rights:
3. Expresses its continuing concern that:
(c) Threats and acts of violence, including killings, attacks and terrorist acts, particularly directed against journalists and other media workers in situations of armed conflict, have increased and are not adequately punished, in particular in those circumstances where public authorities are involved in committing those acts;
4. Calls upon all States:
(c) … to investigate effectively threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and to bring to justice those responsible to combat impunity;
5. Calls on all parties to armed conflict to respect international humanitarian law, including their obligations under the Geneva Conventions, of 12 August 1949, for the protection of victims of war and the two Additional Protocols thereto of 8 June 1977, whose provisions extend protection to journalists in situations of armed conflict. 
UN Commission on Human Rights, Res. 2005/38, 19 April 2005, §§ 3(c), 4(c) and 5, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in Nepal, the UN Commission on Human Rights:
Deeply concerned about the situation of human rights in Nepal, including violations attributed to the security forces, in particular … attacks against … journalists and others and also deeply concerned about the prevailing situation of impunity,
Deeply concerned about the arbitrary arrests and secret detention, in particular of … journalists and others, and about continued enforced disappearances, as well as allegations of torture,
3. Calls upon the Government of Nepal to reinstate immediately all civil and political rights, to cease all state of emergency-related and other arbitrary arrests, to lift the far-reaching censorship, to restore freedom of opinion, expression and the press as well as the freedom of association, to release immediately all … journalists and others, to allow all citizens to enter and exit the country freely and to respect all international and national obligations as well as the twenty-five points of the commitment of 26 March 2004, as freely undertaken by Nepal.
4.Strongly condemns the repeated practices of members of the Communist Party of Nepal (Maoist), such as:
(b) Persecution and attacks against the life, integrity and safety of … journalists … and others;
8.Urges the Government of Nepal:
(d) To take appropriate measures to ensure the protection of the civil and political rights of … journalists and others. 
UN Commission on Human Rights, Res. 2005/78, 20 April 2005, preamble and §§ 3, 4(b) and 8(d), adopted without a vote.
UNESCO
In a resolution unanimously adopted in 1997 on condemnation of violence against journalists, the UNESCO General Conference invited the Director-General of the organization “to condemn assassination and any physical violence against journalists as a crime against society”. 
UNESCO, 29th General Conference, 21 October–12 November 1997, Res. 29, 12 November 1997, § 1(a).
UNESCO
The Practical Guide for Journalists, edited by UNESCO and Reporters Sans Frontières states:
The most serious infringements of press freedom are those aimed specifically at journalists and their families:
(a) Extrajudicial or arbitrary killings, attempted killings of this nature, murder threats and kidnappings …
(b) Cruel, inhuman or degrading treatment or punishment, and torture …
(c) Illegal arrest or detention …
(d) Attacks and threats carried out because people have used their right to freedom of opinion, freedom of expression or freedom of association. 
UNESCO and Reporters Sans Frontières, Practical Guide for Journalists, Paris, 1998, pp. 66–67.
UN Commission on the Truth for El Salvador
In its report in 1993, the UN Commission on the Truth for El Salvador described the ambush of four Dutch journalists accompanied by five or six members of the Farabundo Martí para la Liberación Nacional (FMLN) by a patrol of the Salvadoran armed forces. They were on their way to territory under FMLN control to interview members of the guerrilla. On the basis of the available evidence, the Commission concluded that the ambush was set up deliberately to surprise and kill the journalists and their escort. The Commission considered these murders to be in violation of “international human rights laws and international humanitarian law, which stipulates that civilians shall not be the object of attacks”. 
UN Commission on the Truth for El Salvador, Report, UN Doc. S/25500, 1 April 1993, Annex, p. 75.
Council of Europe Committee of Ministers
In a recommendation adopted in 1996 on the protection of journalists in situations of conflict and tension, the Council of Europe Committee of Ministers reaffirmed the importance of Article 79 of the 1977 Additional Protocol I, “which provides that journalists shall be considered as civilians and shall be protected as such”, and considered that “this obligation also applies with respect to non-international armed conflicts”.  
Council of Europe, Committee of Ministers, Recommendation R (96) 4 on the Protection of Journalists in Situations of Conflict and Tension, 3 May 1996, preamble, § 1.
Council of Europe Parliamentary Assembly
In a recommendation adopted in 1998 on the crisis in Kosovo, the Council of Europe Parliamentary Assembly stated that it deplored the violence used by the police against the independent local media and foreign journalists covering events in Kosovo and the threats of legal prosecutions. 
Council of Europe, Parliamentary Assembly, Rec. 1368, 22 April 1998, § 5.
Council of Europe Parliamentary Assembly
In a written declaration in 1998 on the freedom of the press in the Federal Republic of Yugoslavia, the Council of Europe Parliamentary Assembly noted that “the Yugoslav authorities are restricting the free movement of journalists, particularly foreign journalists,” and that “certain journalists have been subjected to defamation campaigns and even physical violence”. 
Council of Europe, Parliamentary Assembly, Written Declaration No. 284, Violation of the freedom of information and the freedom of the press in the Federal Republic of Yugoslavia, Doc. 8224, 5 October 1998, §§ 2–3.
European Parliament
In a resolution on Kosovo adopted in 1998, the European Parliament called on the Council of Ministers “to protest in the strongest terms possible to the Belgrade government about … threats by the Yugoslav authorities to treat the independent media in the region as enemies serving foreign powers and NATO agents”. 
European Parliament, Resolution on the situation in Kosovo, 8 October 1998, § 9.
European Parliament
In a resolution on Chechnya adopted in 2000, the European Parliament, “taking into account the denial of full and unhindered access to the region for journalists”, urged “the Russian authorities to ensure that Russian and international journalists in the region can work without constraint”. 
European Parliament, Resolution on violations of human rights and humanitarian law in Chechnya, 16 March 2000, §§ H and 12.
OAS General Assembly
In a resolution adopted in 1998, the OAS General Assembly vehemently condemned assaults upon freedom of the press and crimes against journalists, without expressly excluding situations of armed conflict. 
OAS, General Assembly, Res. 1550 (XXVIII-O/98), 2 June 1998, § 1.
Organization for Security and Co-operation in Europe
In 2001, in the Recommendations on Free Media in South-Eastern Europe: Protection of Journalists and their Role in Reconciliation, Promoting Interethnic Peace and Preventing Conflicts, the OSCE Representative on Freedom of the Media proposed that governments at all levels provide adequate protection to media professionals against attack and other forms of harassment and take measures to ensure that any such attacks were investigated and those responsible prosecuted. 
OSCE, Representative on Freedom of the Media, Recommendations on Free Media in South-Eastern Europe: Protection of Journalists and their Role in Reconciliation, Promoting Interethnic Peace and Preventing Conflicts, Zagreb, 28 February–2 March 2001.
Inter-Parliamentary Conference (1993)
The 90th Inter-Parliamentary Conference held in Canberra in 1993 adopted a resolution deploring “the growing number of journalists and other media agents killed, wounded or abducted on the battlefield” and calling on “all States to ensure that journalists engaged in dangerous professional missions in areas of armed conflict benefit from the measures of protection set out in Article 79 [of the 1977 Additional Protocol I]”. 
90th Inter-Parliamentary Conference, Canberra, 13–18 September 1993, Resolution on respect for international humanitarian law and support for humanitarian action in armed conflicts, preamble and § 2(k).
Round Table on the Protection of Journalists in Conflict Areas
In 2000, the OSCE Representative on Freedom of the Media and the German Ministry of Foreign Affairs organized a round table on the protection of journalists in conflict areas. The declaration issued at the end of the meeting stressed that the OSCE participating States committed themselves to protect journalists, particularly in case of armed conflict, and that the UN also expressed its strong support for measures to protect journalists. It further stated that more should be done to investigate murders of journalists. Concerning a distinctive sign for journalists, the declaration stressed that this was an issue for journalists themselves to decide. 
Round table with media professionals, officials from OSCE participating States, the UN and the Council of Europe on the protection of journalists in conflict areas, Berlin, 6 November 2000, Declaration.
No data.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “Journalists engaged on dangerous professional missions in areas of armed conflict are civilian persons.” 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 54.
International Federation of Journalists
In a resolution on Angola adopted at its 22nd World Congress in 1995, the International Federation of Journalists called on the Government of Angola and the União Nacional para Independência Total de Angola (UNITA) “to respect the fundamental and universal professional rights of Angolan journalists”. It urged both parties “to stop harassing, interfering with, detaining and murdering journalists working under the most difficult conditions trying to inform the world about the 20 years of civil war that killed and maimed thousands of innocent people and devastated the country”. 
International Federation of Journalists, 22nd World Congress, Santander, 1–4 May 1995, Resolution on Angola.
International Federation of Journalists
In a resolution on the safety of journalists adopted at its 23rd World Congress in 1998, the International Federation of Journalists stated that “more must be done to provide practical assistance to journalists on dangerous assignments and to journalists living and working in areas of conflict”. 
International Federation of Journalists, 23rd World Congress, Recife, 3–7 May 1998, Resolution on the Safety of Journalists.
International Federation of Journalists
In a resolution on the violation of journalists’ rights in India adopted at its 23rd World Congress in 1998, the International Federation of Journalists noted with serious concern “continued violation of the journalists’ right to report the truth in situations of armed conflict between a) the state and insurgents, b) between ethnic groups and c) between terrorists and their agents”. It further stated that “journalists are often caught in cross-fire between these sides and are subject to all kinds of harassment, threats and even their physical elimination and thus are prevented by both sides to perform their journalistic work freely”. 
International Federation of Journalists, 23rd World Congress, Recife, 3–7 May 1998, Resolution on the Violation of Journalists’ Rights in India.
International Federation of Journalists
In 1998, the International Federation of Journalists urged the UN Commission on Human Rights “to reiterate the importance of freedom of expression and to defend the right of journalists to exercise their profession free from corruption, harassment and fear”. 
International Federation of Journalists, Written statement submitted to the UN Commission on Human Rights, 16 March–24 April 1998.
International Federation of Journalists
In 2000, in a statement before the UN Commission on Human Rights, the International Federation of Journalists stated:
In 1999, murders [of journalists] took place in Chechnya, Colombia, East Timor, Federal Republic of Yugoslavia, India, Nigeria, Pakistan, Peru, Russia, Sierra Leone, Sri Lanka and Turkey. We do not believe that all these murders were carried out by agents of the state. However, most of these killings will remain unsolved, and some of the investigations will be directly or indirectly hindered by agents of the state. As long as the international community gives in to the continued killing of journalists, and the de facto amnesty granted to their killers, there can be no press freedom, no right to life. No respect for any human rights.
During 1999, more than 80 journalists and media staff were killed or murdered making it one of the worst years on record. Most of the victims were cut down in waves of violence in the Balkans, Russia and Sierra Leone. The 1999 Report reveals that 25 journalists and media workers died in the Federal Republic of Yugoslavia, of which 16 were victims of the NATO bombing of the Radio Television Serbia building in Belgrade in April. 
International Federation of Journalists, Statement before the UN Commission on Human Rights, 20 March–28 April 2000; see also Written statement submitted to the UN Commission on Human Rights, 20 March–24 April 1998.
Article 19
In a press release in 2000, Article 19, an NGO campaigning for respect for the right to freedom of expression, denounced
the disregard for the right to freedom of expression by the Yugoslav authorities in imposing the heaviest sentence ever on a journalist … for publishing articles denouncing the atrocities committed in Kosovo … despite the fact that this right is guaranteed by Article 19 of the [1966 International Covenant on Civil and Political Rights].
The organization stated that it was “particularly concerned that a civilian was tried by a military court behind closed doors”. 
Article 19, Press Release, Article 19 condemns conviction of investigative journalist, 27 July 2000.
Committee to Protect Journalists
According to the Committee to Protect Journalists, press coverage of armed conflict continues to provoke the hostility of governments and rebel factions alike and to claim the lives of reporters. In its annual survey on attacks on journalists in 2000, the Committee reported and denounced numerous cases of attacks, murder, unjustified imprisonment and intimidation carried out against journalists covering armed conflict. 
Committee to Protect Journalists, Attacks on the Press 2000, New York, 2001.
Reporters Sans Frontières
According to Reporters Sans Frontières, armed conflict remains one of the main topics for which journalists are prosecuted or put under pressure. In its Annual Report 2001, the organization reported and denounced numerous cases of attacks, murder, unjustified imprisonment and intimidation carried out against journalists covering armed conflict. 
Reporters Sans Frontières, Annual Report 2001: Press Freedom Worldwide, Paris, 2001.