A/HRC/24/23
society. Indeed, without respect for this freedom, an informed, active and engaged citizenry
is impossible. In this respect, while the right to freedom of expression is not absolute, it
may only be derogated from in the exceptional circumstances provided for in article 4 of
the International Covenant on Civil and Political Rights, or subject to the specific
restrictions set down in article 19(3) of the same covenant. The Human Rights Committee
categorically stated in its general comment that article 19(3) could never be invoked as a
justification for muzzling advocacy of multiparty democracy, democratic tenets or human
rights, nor, in any circumstance, could an attack on a person, because of the exercise of his
or her freedom of opinion or expression, including such forms of attack as arbitrary arrest,
torture, threats to life and killing, be compatible with article 19.25
13.
The obligation to respect and to ensure respect of the human rights of journalists and
other media professionals rests on the State as a whole. It encompasses a positive duty of
States to ensure that persons are protected from any act that would impair the enjoyment of
their rights, including by taking effective measures or exercising due diligence to prevent
any harm caused by private persons or entities. This obligation to protect is particularly
important in the case of threats and attacks made against journalists by non-State actors.
B.
International humanitarian law
14.
Under international humanitarian law, journalists are entitled to all the protections
afforded to civilians in times of conflict. An intentional attack against civilians, including
journalists, constitutes a war crime. 26 Journalists will lose this protection if they directly
participate in hostilities for as long as they take direct part. Participation does not include
such activities as conducting interviews with civilians or combatants, taking still or moving
pictures, making audio recordings or any of the other usual tasks involved in journalistic
practice. The dissemination of propaganda by a journalist does not amount to direct
participation.27
15.
In situations of international armed conflict, war correspondents who are accredited
to and accompany armed forces qualify for prisoner of war status should they be captured. 28
In non-international armed conflicts, international humanitarian law makes no distinction
between war correspondents and other journalists, and journalists have the same protection
as other civilians.
C.
Accountability under international human rights law and international
humanitarian law
16.
When violations of international human rights law or international humanitarian law
have been allegedly committed, States are obliged to investigate the allegations effectively,
25
26
27
28
6
CCPR/C/GC/34, para. 23. See also A/65/284, paras. 35-36.
Rome Statute of the International Criminal Court, arts. 8(2)(a)(i), (2)(b)(i), (2)(c)(i) and (2)(e)(i);
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field, art. 50; Geneva Convention for the Amelioration of the Condition of the Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea, art. 51; Geneva Convention relative to the
Treatment of Prisoners of War, art. 130; Geneva Convention relative to the Protection of Civilian
Persons in Times of War 1949, art. 147; Additional Protocol I, art. 85.
A/HRC/20/22, para. 67. See also Final Report to the Prosecutor by Committee Established to Review
the NATO Bombing Campaign against the Federal Republic of Yugoslavia, 13 June 2000. Available
from www.icty.org/sid/10052.
Third Geneva Convention, art. 4A.
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