A/HRC/15/54
corresponding guarantees and protection under international humanitarian law. Although
Protocol I applies only to situations of international armed conflict, several delegations
noted that the protection of journalists as civilians was considered to be a norm of
customary international law, and thus it also applied to situations of non-international
armed conflict.
17.
While noting that journalists were protected as civilians under international
humanitarian law unless and for such time as they took direct part in hostilities, several
delegations stressed that performing tasks in the conduct of their profession, such as
recording videos, taking photographs or recording information, did not constitute direct
participation in hostilities.
18.
Several delegations concurred with the panellists that an intentional attack against
journalists, as civilians, constituted not only a violation of international humanitarian law
and international human rights law, but also a war crime under the Rome Statute of the
International Criminal Court.
19.
Many delegations also highlighted the importance of Security Council resolution
1738 (2006), in which the Security Council condemned intentional attacks against
journalists, media professionals and associated personnel and called upon all parties to put
an end to such practices. In addition, several delegations noted that as civilians, journalists
also enjoyed protection under other Security Council resolutions on the protection of
civilians during armed conflict, including resolution 1894 of 2009. However, several
delegations also expressed concern that the recommendations outlined in those Security
Council resolutions had yet to be fully implemented.
20.
In addition to Security Council resolutions on the protection of journalists and
civilians during armed conflict, some delegations also noted the relevance of the Medellín
Declaration on securing the safety of journalists and combating impunity, adopted by the
participants of the UNESCO conference on press freedom, safety of journalists and
impunity in 2007.
21.
While a view was expressed for the need to reevaluate existing norms and
conventions due to the changes in the nature of modern warfare, most delegations stressed
that existing protection afforded to journalists under international humanitarian law and
international human rights law was sufficient, but that the instruments were not being
implemented on the ground.
C.
Proposals to enhance the protection of journalists in armed conflict and
recommendations to the Human Rights Council
22.
In order to enhance the protection of journalists in armed conflict, several
delegations emphasized the importance for States to train their armed forces, security
personnel and other law enforcement agencies to protect journalists, as well as to support
concrete safety training of journalists in conflict areas. The need to enhance the safety and
security of United Nations personnel who worked to protect journalists and other civilians
in armed conflict was also raised.
23.
Many delegations and speakers stressed the obligation of States and the international
community to ensure that all attacks against journalists were promptly investigated, and that
those found responsible were brought to justice in accordance with international fair-trial
standards. The importance of establishing prevention mechanisms to support the safety of
journalists and criminal justice reform to support effective investigations and prosecutions
of attacks and killings against journalists was also emphasized. It was also noted that
putting an end to impunity was the best way to protect journalists and media professionals.
6
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