A/HRC/15/54
law, States have a threefold obligation to respect, protect and fulfil all individuals’ right to
freedom of expression, and when violations occur, to fully investigate such acts, to
prosecute persons responsible, and to provide victims with effective remedy. Emphasizing
that such human rights obligations continued to apply during times of armed conflict
alongside international humanitarian law, the Special Rapporteur noted that they were also
applicable in situations of internal disturbances and tensions where there might be use of
force, but the threshold of armed conflict had not yet been crossed. In his view, the main
problem with regard to continuing attacks against journalists lay not in the lack of
international legal standards and norms, but in the lack of vigorous implementation of the
existing rules. The Special Rapporteur expressed his concerns that the perpetrators of
attacks against journalists and other media professionals had enjoyed total impunity in 94
per cent of cases recorded in 2009, while the percentage of cases in which even some
partial measure of justice had been obtained was minimal. He underscored that in only 2
per cent of the cases of attacks against journalists in 2009 had the offences been tried before
the competent authorities and the perpetrators and instigators prosecuted. Stressing that
preventing impunity functioned as the most important deterrent against the repetition of
such attacks, he stressed the necessity of exploring ways to improve compliance with
existing norms, and encouraged the Council to continue its deliberation on that pressing
topic in its future sessions. The Special Rapporteur also suggested that the Council
undertake an in-depth study on the issue.
7.
Mr. Robin Geiss of ICRC expressed concerns that experiences from recent armed
conflicts showed that, in addition to being exposed to dangerous situations because of the
nature of their work, media professionals were increasingly prone to becoming victims of
direct attacks in violation of international humanitarian law. He further noted that
intentional attacks against journalists, as civilians, constituted a war crime under the Rome
Statute of the International Criminal Court. Since images and news could have a decisive
impact on the outcome of armed conflicts in the information era, he emphasized that the
obstruction of journalists’ tasks in times of armed conflict was alarmingly frequent, ranging
from denial of access, censorship and harassment, to arbitrary detention and direct attacks
against media professionals. While it might appear that international humanitarian law does
not provide much protection for journalists at first sight, the panellist stressed that as
civilians, journalists in fact enjoyed comprehensive protection against direct attacks,
arbitrary detention, and internment during armed conflict. He also stated that the most
serious deficiency was the lack of vigorous implementation of existing rules, and of
systematic investigation, prosecution and sanction of violations, rather than a lack of rules.
In that regard, he stressed the role that ICRC plays to protect journalists, in particular by
making the rules regarding the protection of journalists and civilians in armed conflict more
widely known and better respected, and asserted that improved compliance with existing
rules should be the foremost objective.
8.
Mr. Mogens Schmidt of UNESCO observed that the number of journalists killed
when reporting from conflict and war zones had risen steadily since 2002, but also noted
that there had also been a radical increase in the killing of media professionals during times
of peace. He stressed that the safety of journalists was an issue that affected all, and that
every aggression against a journalist was an attack on the most fundamental freedoms.
According to the panellist, one of the aggravating factors that made it difficult to ensure the
protection of journalists in conflict and war zones was that currently many conflicts were
not only fought between States, but involved insurgents and terrorists who did not respect
international humanitarian or human rights law. To enhance their protection, the panellist
underscored the need for media staff to receive safety and first aid training, so that they
would be prepared to confront the risks inherent in war zones, and so that they could learn
how to behave appropriately in the face of danger, and how to deal with the effects of
traumatic events. He also emphasized that media staff must be appropriately equipped and
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents