A/HRC/20/22 64. There are a number of emerging regional human rights systems in the world, for example the Intergovernmental Human Rights Commission of the Association of Southeast Asian Nations, and within the Organization of Islamic Cooperation and the League of Arab States. It will be important to place the protection of the right to life of journalists on their agendas from an early stage, and those working in this field, such as NGOs, should engage with the emerging bodies in this regard. 2. International humanitarian law 65. During armed conflict, human rights law applies as the lex generalis and international humanitarian law applies as the lex specialis.59 In respect of the right to life, this entails that while both systems apply during armed conflict, the question as to whether a killing should be considered ―arbitrary‖ or unlawful is in most cases determined by international humanitarian law.60 66. Journalists who are members of the armed forces are subject to targeting on the same basis as other soldiers or fighters. However, journalists who are not members of the armed forces are protected on the same basis as civilians and may not be deliberately targeted.61 War correspondents, like other journalists, are not members of the armed forces, and as such are protected against targeting, but they are accredited to the armed forces and as such qualify for prisoner of war status should they be captured. 62 67. This protection that journalists and civilians enjoy is limited in a number of ways. Their proximity to military objectives entail that their deaths in an attack could potentially be considered collateral damage, provided the other conditions, such as proportionality, are met. Moreover, as is the case with civilians, the protection journalists enjoy ceases to apply when they directly engage in hostilities. 63 ―Direct participation‖ in hostilities entails ―acts of war which by their nature or purpose are likely to cause actual harm to the personnel and equipment of the enemy armed forces‖.64 Journalists using their radio transmitters to send military messages, for example, risk placing themselves in this category. The spreading of propaganda for the enemy in itself does not make a journalist a legitimate target, but incitement to commit grave breaches of international humanitarian law, acts of genocide or violence is prohibited, and journalists spreading such messages open themselves up to being legitimate targets.65 68. Embedded journalists tend to be equated with war correspondents as far as targeting is concerned.66 59 60 61 62 63 64 65 66 14 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226; para. 25. Ibid. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), art. 79. Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention), art. 4, para. 4. Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Volume I: Rules (New York, International Committee of the Red Cross (ICRC), 2005), pp. 116-117. Y. Sandoz, C. Swinarski and B. Zimmermann, eds., Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (Geneva, ICRC/Martinus Nijhoff, 1987), p. 619, para. 1944. See International Criminal Tribunal for Rwanda, case No. ICTR-99-52-T, Prosecutor v. Nahimana, Barayagwiza and Ngeze, Judgement of 3 December 2003. Alexandre Belguy-Gallois, ―The protection of journalists and news media personnel in armed conflicts‖, International Review of the Red Cross, vol. 86, No. 853 (March 2004), pp. 40-41.