e Importance of Journalists in Syria and their Lack of Protection under International Law International Visiting Researchers Program Emma Cabrol 01 Dec 2017
HARMOON CENTER FOR CONTEMPORARY STUDIES Harmoon Centre for Contemporary Studies is an independent, nonprofit, research, cultural and media institution. Its main focus is to conduct studies and researches about the Arab region, especially Syria. It also works towards cultural and media development, enhancing the civil society performance, and spreading democratic awareness and values of dialogue, as well as respect for human rights. The Centre also provides consultation and training services in political and media fields to all Syrians on the basis of Syrian national identity. To achieve its objectives, the Centre conducts its activities through five specialized units, (1) Policy Studies Unit, (2) Social Researches Unit, (3) Books Review Unit, (4) Translation and Arabization Unit, and (5) Legal Unit. A set of action programs are also adopted, such as the program for Political Consultations and Initiatives; Program for Services, Media Campaigns, and Public Opinion Making Program; Program for Dialogue Support and Civil and Cultural Development Program; Syria Future Program. The Centre may add new programs depending on the actual needs of Syria and the region. In implementing its programs, the Centre deploys multiple mechanisms, including lectures, workshops, seminars, conferences, training courses, as well as paper and electronic press.
Contents Introduction... 2 First: The Power of Journalists in Armed Conflicts... 4 Second: Journalists Protection under International Law... 5 Third: Citizen Journalists... 9 Conclusion... 11 1
Introduction Since the outbreak of the Syrian conflict in 2011, 128 journalists and more than 200 media personnel have been killed, dozens of journalists have been detained in prisons, and 6 are missing after entering Syria. (1) Media personnel, including international journalists, have been targeted by the Syrian regime and opposition groups such as the Free Syrian Army. (2) Since the start of the revolution, the Assad regime has maintained control over all domestic media outlets and has routinely targeted opposition journalists. (3) According to Al Jazeera, Syria is currently the most dangerous country for journalists to operate. (4) Lisette Johnston, a senior BBC journalist and academic, explains that those who try to disseminate news of unrest from inside Syria to the rest of the world are risking their lives while doing so. (5) (1) CPJ (2017). Committee to Protect Journalists. [online] Available at: https://cpj.org/killed/mideast/syria/ [Accessed 5 Nov. 2017].; CPJ (2017). Committee to Protect Journalists. [online] Available at: https://cpj.org/imprisoned/2016.php [Accessed 5 Nov. 2017].; CPJ (2017). Journalists Missing - Committee to Protect Journalists. [online] Available at: https://cpj.org/reports/2008/02/journalists-missing.php [Accessed 5 Nov. 2017].; Ahelbarra, H. (2017). World's most dangerous place for press: Covering the war in Syria. [online] Aljazeera.com. Available at: http://www.aljazeera.com/news/2017/11/worlds-dangerous-place-press-covering-warsyria-171102085628275.html [Accessed 6 Nov. 2017]. (2) Saxon D. (2013), Covering Syria: Legal and Ethical Obligations of Journalists, Cambridge Journal of International and Comparative Law, Vol. 2 No. 3, p. 411 (3) Human Rights Council (2011), Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, UN Doc A/HRC/S-17/2/Add.1, 23 November 2011, 88 and 104 (4) Ahelbarra, H. (2017). World's most dangerous place for press: Covering the war in Syria. [online] Aljazeera.com. Available at: http://www.aljazeera.com/news/2017/11/worlds-dangerous-place-presscovering-war-syria-171102085628275.html [Accessed 6 Nov. 2017]. (5) Johnston L. (2017), Looking After Ibrahim, Journalism Practice, Vol. 11 Nos. 2-3, p.196 2
Therefore, despite freedom of opinion and expression being fundamental human rights, journalists in Syria continue to fear for their lives on a daily basis. (6) This suggests there exists a potential gap regarding their status under international law. Thus, this paper will analyse the importance and protection of media personnel in armed conflicts and understand whether their protection is sufficient especially in the case of internal warfare, and in the case of the Syrian crisis. (6) Universal Declaration of Human Rights (1948), United Nations, Article 19 3
First: The Power of Journalists in Armed Conflicts The work of journalists during times of conflict is crucially important in this age of mass communication. According to the International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, the communication of information during conflicts is essential to keeping the international public informed about matters of life and death and plays a vital role in bringing to the attention of the international community the horrors and reality of conflict. (7) For these reasons, the ICTY considered that war journalists serve the public interest. The ICTY also emphasised the importance of information collected by journalists in helping preventing crimes and punishing these crimes in a tribunal. (8) In accordance, Howard Tumber argues that evidence collected by journalists often are the first to cover, and in some cases document, open violations of international law, and that these reports, photographs or videos are frequently used in international tribunals. (9) To this effect, Ben Clements explains that, once citizens are aware of the situation through media coverage, they have the power to influence decisions taken in national parliaments or at international institutions such as the UN Security Council (SC). Clements argues that the SC is more likely to adopt a resolution if the general public is in favour of it. (10) Therefore, as suggested by Freya Foster, media information plays a crucial role during conflict as it has the power to influence the international community into take action, as well as after conflict, when perpetrators can be held accountable thanks to evidence collected by these brave journalists. (11) (7) Prosecutor v. Radoslav Brdjanin Momir Talic (2002), Decision on Interlocutory Appeal, In the Appeal Chamber, ICTY, 36 (8) Ibid n (7) (9) Tumber H. (2013), The Role of the Journalist in Reporting International Conflicts, in Global Media Ethics: Problems and Perspectives SJA Ward (ed), Wiley-Blackwell), pp. 62-63 (10) Clements B. (2013), Public Opinion and Military Intervention: Afghanistan, Iraq and Libya, The Political Quarterly 119, Vol. 84 No. 1, pp. 121-3 (11) Foster F. (2015), The Price of News of the Front Line: Rethinking the Protection of Media Personnel under International Humanitarian Law, Journal of Conflict and Security Law, Vol. 20 No. 3, p.457 4
Second: Journalists Protection under International Law However, despite this critical role played by journalists in the maintaining of international peace and security, there is a paucity of protection for them under international law and they continue to be targeted by military forces and risk arbitrary detention. According to the ICTY, since war journalists allow the international community to obtain crucial information from the battlefield, an adequate protection system implemented, enabling them to perform their job safely and efficiently. (12) However, under International Humanitarian Law (IHL), most journalists benefit from the same protection of civilians even if they are clearly exposed to a greater danger. In Syria, from the total number of journalists killed since 2011, at least 17 were directly targeted for assassination, and a further 17 have been murdered with impunity. (13) In perhaps the most famous case, in 2012 the Syrian regime deliberately targeted a media centre where opposition and international journalists were meeting. The attack killed the famous war journalist Marie Colvin and the French photojournalist Rémi Ochlik, and injured three others. (14) Moreover, journalists embedded with military forces are often misidentified as soldiers and are consequently targeted. It is important here then, to outline the legal instruments intended to protect journalists conducting their vital work on the battlefield. (12) Ibid n (7) 38 (13) CPJ. (2017). Syria. [online] Available at: https://cpj.org/mideast/syria/ [Accessed 6 Nov. 2017]. (14) Ensor J. (2017). Veteran war reporter Marie Colvin was 'tracked and deliberately targeted' by Assad regime before her killing in Syria. [online] The Telegraph. Available at: http://www.telegraph.co.uk/news/2016/07/10/us-reporter-marie-colvin-was-tracked-and-targeted-byassad-regim/ [Accessed 6 Nov. 2017]. 5
a) Journalists in International Armed Conflicts The only category of journalists that receive any special protection are war correspondents (persons accompanying armed forces without being a member of the force). The Fourth Hague Convention, the Geneva Conventions and Additional Protocol I, state that war correspondents must be respected and protected by all parties to the conflict and ensure their entitlement to prisoner of war status if abducted or captured by opposing forces. (15) This demonstrates that war correspondents benefit from special protection under IHL since their profession puts them in danger. Moreover, UN Resolution 2673 provides journalists the status of protected persons in international armed conflicts and that the Geneva Conventions should be respected at all times concerning their protection. (16) Therefore, war correspondents have a special protection scheme specific to their profession. However, other categories of media personnel in international armed conflicts, such as freelance journalists, are left inadequately protected by their civilian status. This demonstrates the narrowness of media personnel s protection in international conflicts. While the status of war correspondent only exists in international law covering international armed conflicts, there is no mention of war correspondents when covering internal crises or non-international armed conflict. (17) This is highly problematic as since the Korean War, most armed conflicts have been internal, fought between the governments and opposition forces. Therefore, the status of war correspondents and their protection within IHL is slowly becoming outdated, and consequently does not apply to most current journalists operating in theatres of war. (15) Fourth The Hague Convention (1907) Article 13; Geneva Convention I Articles 5, 12 and 13 (4); Geneva Convention II Articles 12 and 13 (4), Geneva Convention III Article 4 (4); Geneva Convention IV Article 4; Additional Protocol I Article 79 (16) United Nations Resolution 2673 (XXV) Protection of journalists engaged in dangerous missions in areas of armed conflict, 1922 nd plenary meeting, 9 December 1970 (17) Geneva Convention I Article 13 (4), Geneva Convention II Article 13 (4), Geneva Convention III Article 4A (4) 6
b) Journalists in Non-International Armed Conflicts Currently, the two official types of journalists present in non-international armed conflicts are embedded journalists and independent journalists. (18) Embedded journalists accompany military troops but not in the official manner afforded to war correspondents. According to Alexandre Balguy-Gallois, the legal protection of embedded journalists remains unclear and it is up to their country of origin to decide if they are entitled to prisoner of war status. (19) On the other hand, independent or freelance journalists are exposed to the most considerable risks since they work independently and therefore present an easier target to kidnappers and assassins. Coverage of the Syrian crisis has been characterised by the proliferation of freelance journalists. The abduction and subsequent execution of the American journalists James Foley and Steven Sotloff in Syria by Daesh in 2014 demonstrate that independent journalists can be instrumentalized as effective political tools by both captor and captive. (20) Despite this greater danger, embedded and independent journalists during internal conflicts such as the Syrian crisis are not effectively protected by the Geneva Conventions nor their Second Additional protocol. (21) This demonstrates a considerable gap in IHL since these journalists are often deliberately targeted and used as political tools by different parties of armed conflicts and therefore, require a unique protection scheme from that applied to civilians. (18) Ibid n (11) pp.460-1 (19) Balguy-Gallois A. (2004), The Protection of Journalists and News Media Personnel in Armed Conflict, International Review of the Red Cross, Vol. 86 No. 853, pp.4-5 (20) Mahoney, R. (2017). Going it alone: More freelancers means less support, greater danger. [online] Cpj.org. Available at: https://cpj.org/2015/04/attacks-on-the-press-more-freelancers-less-supportgreater-danger.php [Accessed 6 Nov. 2017]. (21) See Geneva Conventions and Additional Protocol II 7
c) Journalists in customary IHL Nevertheless, the protection of journalists is now present in the International Committee of the Red Cross customary IHL regarding both international and non-international armed conflicts. (22) According to the Committee of Ministers of the Council of Europe, Additional Protocol I to the Geneva Conventions must apply to internal conflicts when it comes to the protection of journalists. (23) This implies that the nature of the conflict should be of primary concern when it comes to the protection of media personnel, and that they should be protected at all times regardless of the type of conflict they are covering. Despite this, evidence demonstrates that journalists in non-international armed conflicts, especially in the case of Syria, are still targeted and that the protection they are entitled to under customary IHL is not respected. Therefore, it is evident that media personnel in current conflicts are in an urgent need of a specific protection scheme that will define clearly their rights as persons exercising a very dangerous profession under hazardous and often dangerous conditions. (22) Customary IHL,Rule 34: Journalists (23) Council of Europe, Committee of Ministers, Rec. R (96) 4 (ibid., 42). 8
Third: Citizen Journalists The Syrian conflict has the dubious honour of being the most socially mediated conflict in history. Social media channels such as Facebook and Twitter (and the persons using them) play a crucial role in constructing the narrative of the conflict, filling the holes left by journalists who are unable to access the warzone itself. (24) Indeed, due to threats towards international media personnel reporting from Syria itself, international news agencies often rely on information posted by activists on social media from citizen journalists and eyewitnesses. (25) However, these people put their lives at great risk to collect the news stories they disseminate to the international media circuit. Since 2011, civilian journalists have proliferated, reporting on the crisis even if it was not their pre-war profession. Malek Blacktoviche explains that he was a software developer before the outbreak of the conflict but after 2011 he felt the need to fight against Assad s dictatorship and show the world the atrocities committed in Syria. Therefore, he started reporting for journalists and foreign organisations such as NBC News. (26) Another famous example is Raqqa is being Slaughtered Silently, a collection of citizen journalists who documented life under oppressive Daesh rule in the city. (27) These citizen journalists therefore, are not mere civilians, and they play a crucial role in the reporting on the Syrian crisis. Without them, much of the international media coverage on Syria would have been almost impossible. These unofficial journalists risk their lives to report and document the atrocities and human rights violations committed in Syria. Even if some of them do not report for news agencies directly, their collaboration with national and (24) O Callaghan D., Prucha N., Greene D., Conway M., Carthy J. and Cunningham P. (2014) Online Social Media in the Syria Conflict: Encompassing the Extremes and the In-Between (25) Ibid n (5) (26) Baraniuk, C. (2017). Citizen journalism is playing a crucial role in Aleppo but it comes at a cost. [online] Wired. Available at: http://www.wired.co.uk/article/syrian-citizen-journalists [Accessed 6 Nov. 2017]. (27) Raqqa-sl. (2017). Raqqa is Being Slaughtered Silently. [online] Available at: http://www.raqqasl.com/en/ [Accessed 19 Nov. 2017]. 9
international media can put their lives in great danger. Moreover, the evidence they collect will undoubtedly be used in national and international tribunals investigating the plethora of grievous crimes committed in Syria. However, their work is not officially recognised, and they are denied protection under any form of international law aside from their rights as civilians in a conflict zone. This suggests that IHL must adapt to modern warfare and understand influence of technology and internet in armed conflicts. In today s world of 24/7 news, internet media, social media, cable television, conflicts are changing and evolving, calling for international law to adjust accordingly. This will require broadening the range of different types of official journalists officially protected in both national and international conflicts. 10
Conclusion In conclusion then, despite their major role in the Syrian crisis and the grave dangers they face, embedded, independent and citizen journalists do not benefit from a specific protection scheme within international law and consequently remain inadequately protected. This suggests that the definition of journalism in IHL must be reviewed, and specific protection schemes for all types of journalists in both international and internal conflicts must be created. Foster has recommended providing such journalists with the same level of protection as religious and medical personnel under IHL. (28) Moreover, IHL must take into consideration the change in the dissemination of media due to internet and the drastic impact such technology has brought to conflicts around the world. This suggests it is imperative that IHL be revised and adapted to deal with modern conflicts that being constantly reported on, photographed and otherwise transmitted almost instantly to Instagram and Facebook feeds around the world. In light of these changes in conflict reporting and how people obtain such primary source information from conflict zones, the civilians that play such direct or indirect roles in the reporting of warfare on a national or international level should be taken in consideration and appropriate steps taken to protect them. This is crucial, especially in the case of Syria, as all genres of media personnel play a pivotal role in the involvement of the international community, and their reports will likely be used as evidence to hold accountable individuals responsible for war crimes and crimes against humanity. Media personnel will lead the way in building hope for peace and justice in Syria and other internal conflicts. Until they are adequately protected, they will pay a heavy price in bringing the Syrian atrocity to the eyes of the world. (28) Ibid n (11) p.480 11
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