1. The Role Of The United Nations Organization To Ensure The International Protection Of Journalists In Non-International Armed Conflicts. Zeyad Jaffal Faculty Of Law Al Ain University of Science and Technology 1

2. The Unique Role of Journalists in Armed conflicts Journalists have a unique and incredibly powerful role in armed conflicts. As observers and reporters, they bear witness to the horrific consequences of armed conflict and transfer this horror to people around the globe. In carrying out their work, correspondents are also among those most at risk of being wounded, kidnapped or killed. 2

3. Introduction Why I chose this topic? A great number of atrocities committed against journalists in non-international armed conflicts prevailing in the Middle East at present, primarily in Syria and Iraq. According to the “ 2015 World Press Freedom Index” Issued by “Reporters without borders” in December 2015, Syria is the world‘s deadliest country for Journalists in 2014 where 15 Journalists have been killed. In total, more than 130 media activists have been killed in Syria since March 2011. Iraq is the world’s fourth deadliest country for journalists in 2014. In total 48 professional journalists, citizen-journalists and media workers have been abducted since June 2014 and at least 13 of them have been executed in Mosul. 3

4. Introduction Why Journalists are targeted? It can be said that the targeting of journalists deployed to armed conflict zones is an attempt to escape from the punishment resulting from the detection of the media for the violations committed by the conflict parties on the ground, which pushes the parties to try to control what is disclosed by the Journalists from news, photos and videos indicate violations of international law. In light of this, the Parties targeting journalists to send warning message for those operating in the field of media. However, Attacks on Journalists are not only an attack on the individuals concerned, but also on freedom of expression. 4

5. Introduction The broader main question of our study remains whether the existing international legal framework of protection of journalists is sufficient and effective. And what is the role of U.N to put strong mechanisms to implement this framework. We will discuss that in the following two sections; 1.The protection afforded by international humanitarian law to Non-Embedded Journalists during non- international Armed conflicts. 2. The role of the United Nations to enforce the international protection of Journalists in non- international Armed conflicts. 5

6. 1. The protection afforded by international humanitarian law to Non-Embedded Journalists during non-international armed conflicts. International Humanitarian Law distinguishes between two categories of Journalists working in armed conflict zones: War correspondents attached to the armed forces (known in contemporary conflicts as embedded Journalists) and independent Journalists (Non-embedded Journalists). The term " Embedded Journalists" have gained popularity since the start of the Iraq war 1990-1991. Embedded reporting is defined as ‘living, eating, moving in combat with the military units that the journalist is attached. 6

7. A new category of Journalists appeared in recent years, which is the ‘citizen journalist’ belongs to a category of news providers who do not exercise the actual profession of a journalism, but pick up and circulate information on their own initiative. The rules governing protections of journalists in armed conflict come from the body of IHL. The four 1949 Geneva Conventions and their 1977 Additional Protocols constitute the essence of conventional international humanitarian law, which is spread over two situations of international armed conflict and in non-international armed conflict. The first one involves two or more states, but the second one is involving the parties from one state, such as armed conflict between the government and belligerents. 7

8. 1. The protection afforded by international humanitarian law to Non- Embedded Journalists during non-international armed conflicts. The laws applicable to protect the physical safety of Non-Embedded journalists in non-international armed conflicts can be found in Common Article 3 of the 1949 Geneva Conventions and its Additional Protocol II (Conventional IHL) which is related to non-international armed conflicts, in addition to Customary international humanitarian law. Non-international armed conflict, according to the Article 1 (1) of 1977 protocol II, seems to be a situation in which hostilities break out between armed forces or organized armed groups within the territory of a single State. Such conflicts could include classic civil wars between a state and rebel forces; conflicts between competing rebel forces within a state; or a conflict between one state and non-state forces in the territory of any other state (as was the situation between the United States and Al-Qaeda in Afghanistan in 2001). 8

9. 1.1 The Conventional International Humanitarian Law; Neither Common Article 3 nor Additional Protocol II of the 1949 Geneva Conventions is specifically mentioned journalists or war correspondents. But they are afforded the same protections as civilians in non-international armed conflicts. Common Article 3 of the Geneva Conventions provides humane and non- discriminatory treatment of ‘persons taking no active role in the hostilities’, which would include journalists in that situation. What constitutes direct participation in hostilities The International Criminal Tribunal for the Former Yugoslavia (ICTY) in the case of Strugar; defined direct participation in armed conflict as "acts of war which by their nature or purpose or intended to cause actual harm to the personnel or equipment of the enemy's armed forces”. 9

10. Common Art.3 of Geneva Conv. Regarding the protection of Journalists in armed conflicts the Common Article 3 puts minimum norms of Journalists' rights as follows: The right to humane treatment without a discriminatory distinction made, which could lead to detrimental effects; Prohibition of violence to life and person and the prohibition of cruel treatment and torture; Prohibition of hostage-taking; Prohibition of humiliating and degrading treatment; Prohibition of sentences and executions which are not based on a judgment by a regularly constituted court; The right for the wounded and the sick to be cared for; The International Committee of the Red Cross is allowed to offer services. This help might, however, be rejected by the parties to the conflict. 10

11. Protocol II of 1949Geneva Conv. The Second Protocol II of the 1949 Geneva Convention does not, nevertheless, include any specific protection for journalists in non- international conflicts, such as that found in Art 79 of Protocol I in respect of international armed conflicts. However, they are considered civilians, according to article 13 of it. Article 4 (3) of the Additional Protocol II to the Geneva Conventions, adds some very important rights for war journalists compared to the minimum norms of Common Article 3 of the Geneva Conventions as follows; 1. The right to respect for their person, honour and convictions and religious practices. 2. Prohibition of collective punishments, acts of terrorism, slavery, pillage, rape, enforced prostitution and indecent assault or threats to commit these acts. 11

12. Protection in case of Capture Under International Humanitarian Law, the substance of the protections for war correspondents and independent journalists varies. War correspondents, properly designated, are entitled to prisoner of war treatment in addition to their fundamantal rights as civilians. While Non-embedded Journalists treated only as civilians when they detain, under Article 5 of the Additional Protocol II to the Geneva Conventions. 12

13. 1.2 Customary international humanitarian law Customary international humanitarian law is applicable universally– independently of the application of treaty law – and is based on extensive and virtually uniform State practice regarded as law. For the non-international armed conflict, CIHL provides an additional clarification of and a stronger protection than the minimum norms of Common Article 3 of the Geneva Conventions and Article 4 to 6 of the Additional Protocol II to the Geneva Conventions. Rules 87 until 105 and 118 until 128 of the compilation by the International Committee of the Red Cross describe the basic rights for civilians that are accepted to count as customary international humanitarian law in non-international armed conflicts. The Rule 99 of the compilation, for instance, prohibits arbitrary deprivation of liberty in non- international armed conflicts. This is a complementary rule of conventional international humanitarian law, as discussed supra. Some other important example regarding detention of journalists is Rule 128, which clarifies that war journalists have to be released in a non- international armed conflict. 13

14. 2. The role of the United Nations organization and its subordinate bodies to protect Journalists during Non-international Armed conflicts; The Affirming and Enforcing the principle of the Protection of Journalists in Armed Conflict is part of the U.N obligation to take collective measures to maintain peace and security in the world according to their respective mandates. In recent years, there has been many U.N initiatives to ensure the enforcement of the rules of International Law related to the physical safety of journalists, most important of them is the 2015 Security Council Resolution 2222 adopted in 27 may 2015 on protection of Journalists in Armed conflict situations; 14

15. 2015 Security Council Resolution 2222 The resolution expressed deep concern at the frequency of acts of violence in many parts of the world against journalists, media professionals, and associated personnel in armed conflict, in particular deliberate attacks in violation of international humanitarian law, as well as the growing threat to the safety of journalists posed by terrorist groups. The resolution strongly condemned the incidents of killings, kidnapping and hostage committed by these groups for any purpose. Furthermore the resolution cleared up its determination to prevent kidnapping and hostage taking committed by terrorist groups and to secure the safe release of the hostages without ransom payments or political concessions, in accordance with applicable international law The Resolution set a group of mechanisms to ensure the International Protection of Journalists in armed conflicts, the most important of them as follows; The journalists engaged in dangerous professional missions in areas of armed conflict shall be treated as civilians and shall be respected and protected as such. The States Parties to the Geneva Conventions should search for persons alleged to have committed, or to have ordered to be committed, a grave breach of the Geneva Conventions. 15

16. 2015 Security Council Resolution 2222 The Member States to the Geneva Conventions must end impunity and prosecute those responsible for genocide, crimes against humanity, war crimes or other serious violations of international humanitarian law. The Member States should take appropriate steps to ensure accountability for crimes committed against journalists in armed conflict through the conduct of impartial, independent and effective investigations within their jurisdiction and to bring perpetrators of such crimes to justice. The United Nations peacekeeping and special political missions, where appropriate, should include in their mandated reporting information on specific acts of violence against journalists. 16

17. 2015 Security Council Resolution 2222 But we noticed that the resolution did not include some of important proposed enforcement mechanisms submitted during the debate meeting on the resolution held in 27 may 2015, such as what has been proposed by the representative of France to establish the post of Special Respresentitive of the secretary general on the protection of Journalists, with the responsibility for ensuring follow-up and monitoring paper of compliance by Member states with the obligations imposed by resolution 1738 (2006) and then this resolution. 17

18. The final results are in; Any attempts to improve the safety of journalists in non international armed conflict must, therefore, be aware of the particular problems of compliance engaged by non- state actors who are not parties to humanitarian law instruments. A further practical consideration is the problem of complex, mixed conflicts, which simultaneously involve international and non-international elements in the same territorial space. The end of impunity of perpetrators who committed crimes against Journalist during armed conflicts is the biggest challenge in front of the International Community. The media institutions are also responsible to protect their men and women who are deployed to cover the armed conflicts. However many of these institutions dont take precautionary measures to protect their journalists, such as provide them with the bulletproof jackets, emblem, as well as taking strong steps for releasing their detained journalists. In the light that the number of journalists had been killed in the armed conflicts usually received obvious threats, according to the Press Index of “ Reporters without Borders” at least four of ten of the journalists who were killed had been threatened. 18

19. The Recommendations; Is the concluding of a stand-alone International treaty on the protection of Journalists during the situations of Armed conflicts needed. In other words, Is that the rules of international law is not sufficient for the protection of journalists in armed conflicts?. Regarding that, I think that journalists are subject to violence during armed conflicts is a result of a failure to enforce the law, rather than a failure of the law itself. Accordingly, Conflict parties that intentionally target journalists will not be deterred by a new treaty. Hence, promoting of understanding of the existing laws through media campaigns to support their enforcement, giving more coverage to International Humanitarian Law (IHL) breaches, and more beneficial training for journalists in IHL and International Criminal Court (ICC) processes, will be more efficient and realistic. 19