Limits of International Legal Protection of Journalists in Armed Conflicts

Abstract

International humanitarian law distinguishes between two categories of journalists working in area of armed conflict: war correspondents accredited to the armed forces and «independent» journalists.
International humanitarian law grants war correspondents prisonerof-war status if they are captured. Article 79 stipulates that journalists engaged in dangerous professional missions in areas of armed conflict (“independent” journalists) are civilians within the meaning of Article 50 (1) and thereby benefit from all the protection conferred by international humanitarian law on civilians.
Article 79 (2) of Protocol I, read together with Article 51 (3), grants journalists the legal protection conferred by international humanitarian law, unless they:
– accompany the armed forces and are located near it;
– participate directly in the hostilities;
– engage in espionage;
– wear military uniform;
– spread panic.
The journalist loses his immunity and becomes a legitimate target in the aforesaid situations. But the journalist sometimes recovers his right to protection against the effects of hostilities, for example, when he is far enough from the armed forces.