Protecting the Messenger

An International Humanitarian Law Perspective

Abstract

The war in and against Ukraine has brought home the importance of accurate, trustworthy reporting — even from dangerous places.

In mediation, particularly mediation arising from armed conflict, it is difficult to overstate the importance of accurate information to help mediate between claim and counter-claim.

The media, in particular journalists, including camera operatives, are the world’s eye in both national and international conflict zones. This essay discusses the legal protection of those courageous individuals and their equipment under international humanitarian law.

The question of legal protection for journalists is essential to global access to reliable information. While the war in and against Ukraine has reminded us of this, it has been recognised as being of crucial importance for many years. Both the Review Committee’s Report to the ICTY’s (the International Criminal Tribunal for the former Yugoslavia) Prosecutor concerning the bombing of Belgrade by NATO forces during the Bosnian war and the ICTR’s (the International Criminal Tribunal for Rwanda) judgment in the so-called Media case raise the question whether it is reasonable to target media stations and personnel.

It is essential to oppose these arguments. Intelligent and well-informed mediation of conflict depends upon the work of those who strive to accurately describe what is going on behind the fog of war.

Attacks on the media and on their places of work often take place in murky circumstances. But I will argue that, even if media stations are also used for military purposes (dual use), they ought to be protected as civilian objects. Also, I will summarise ways to improve protection for the media before observing that compliance with existing laws seems to plunge in times of conflict.