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Increasingly, journalists have become victims of the violence in contexts of conflict, particularly in an age of indiscriminate warfare. International law has made efforts to establish provisions that afford protection to journalists and media professionals, including those conducting reporting activities in areas of armed conflict. Despite these principles, the denial of the observance of these protections, as well as for international humanitarian law in general, has greatly accelerated.
But what, exactly, does international law say about press freedom? How should journalists be considered in areas of conflict? Click through this gallery to learn more.
On the morning of May 11, 2002, renowned Palestinian-American journalist Shireen Abu Aqleh was covering an Israeli raid of Jenin refugee camp, located in the northern West Bank.
Shireen was standing with three other journalists, all wearing press flak jackets and helmets, clearly identifying the group as members of the press. Suddenly, gunfire was directed toward the group.
A first bullet hit Shireen’s colleague, Ali al-Samoudi, who survived the attack. A second bullet hit Shireen, one of Al Jazeera's first field correspondents, in the head. She died instantly.
Pictured is the site where Shireen was killed.
Ibrahim Melhem, spokesperson from the Palestinian Authority, described the act as a deliberate crime “committed against a well-known journalist.” Subsequent investigations found that Shireen was likely killed by an Israeli sniper.
Among the tens of thousands killed in Gaza and Lebanon since the most recent war began in October 2023, over 170 were journalists and media workers. Families of journalists have also been targeted throughout the violent escalations.
In February 2024, the United Nations issued a statement, noting the “extraordinarily high numbers of journalists and media workers who have been killed, attacked, injured and detained in the Occupied Palestinian Territory, particularly in Gaza, in recent months blatantly disregarding international law.”
Journalists are essential to garnering information about armed conflicts. Their coverage is able to alert the public to human rights violations and other atrocities; this is essential to the documentation process.
Yet, journalists in the field encounter significant risks to their lives in an attempt to provide adequate coverage, sometimes facing dangers akin to a soldier.
Pictured is Montaser al-Sawaf, a freelance cameraman reporting in Gaza, who was killed in Israeli airstrikes in December 2023.
Under international humanitarian law, the targeting of journalists and media workers is prohibited, as part of the protection of civilians as outlined in the Geneva Conventions of 1949 and their additional protocols.
Pictured is Salih Mahmud Leyla, who was killed in a car bomb attack by ISIS in Aleppo, Syria, in October 2015.
Additional Protocol I to the Geneva Convention makes specific mention of journalists, noting that they must be considered civilians and, therefore, afforded such protections. The Protocol notes that directly targeting journalists constitutes a war crime.
Pictured is Japanese freelance video journalist Kenji Goto Jogo, who was captured by ISIS in October 2014 and was brutally killed in January 2015 in Aleppo, Syria.
Accordingly, the Council of Europe had issued recommended concrete measures on the protection of journalists in contexts of conflict, as well as the protection of freedom of expression.
Pictured is the funeral of Ukrainian journalist Iryna Tsybukh, who was killed in June 2024 in the Kharkiv region.
The United Nations adopted two resolutions, in 2006 and 2015, respectively, for nations to stop any deliberate attacks on journalists in armed conflicts, and to prosecute those who do.
Pictured is the funeral of Ukrainian soldier-journalist Dmitry Rybakov, who was killed in Melitopol city in July 2023.
The United Nations Human Rights Council adopted a resolution in 2020, which reaffirms the application of international humanitarian law to journalists.
Reporters Without Borders also issued a declaration following the targeting of journalists in covering the Iraq War, asking laws to be adapted to the pressing needs of journalists.
There are three human rights mechanisms that are particularly relevant to the protection of journalists’ rights to conduct their work: the UN Human Rights Committee, the UN Special Rapporteur on freedom of opinion and expression, and the UN Special Rapporteur on human rights defenders.
Throughout the last two decades, there have been a number of resolutions, protocols, and guidebooks, among other initiatives issued by states, regional bodies, and international organizations, reaffirming the rights of journalists.
Yet, the reality for journalists remains highly volatile. Journalists face kidnapping, torture, and even death for their work, in an attempt to intimidate them and their colleagues into silence.
Despite states’ obligations to provide protection to journalists, perpetrators that commit crimes against them often face impunity, offering no resolution or accountability.
More often than not, official investigations are not carried out, regardless if perpetrators are state agents or non-state actors.
The lack of effective measures taken to protect journalists in precarious working contexts is a failure of states to adhere to their obligations under international law.
Pictured is a journalist covering events at a checkpoint in the West Bank, while Israeli snipers point a green laser on his face.
The most crucial step for all governments to take to protect journalists is to respect the Geneva Conventions in its completion. Additionally, they should explicitly cooperate with journalists and their employers to reiterate their commitment to not targeting civilians of any kind.
Additionally, states’ commitment to ensure the safety of journalists is an urgency of political will. This includes states’ reinforcement of press freedom, including principles of confidentiality, as journalists must be able to do their work freely.
Pictured is a protest in November 2024 in Kviv. The empty chairs represent missing journalists and cultural figures.
In contrast, censorship is widely practiced, an accessible tool of authoritarian regimes around the world. A 2023 census conducted by the Committee for the Protection of Journalists found that there were 320 journalists imprisoned in 2023.
Pictured is a protest in Indonesia ahead of new broadcasting laws that censor journalism in the country.
Some of the leading countries exercising such repressive actions were China, Belarus, Russia, Israel, and Iran. In Russia, independent journalists covering Russia’s crimes against Ukraine can be considered “foreign agents,” potentially facing 15 years in prison.
Pictured is American-Russian journalist Alsu Kurmasheva, who was imprisoned in Russia and returned to the US as part of a prisoner exchange deal between the US and Russia.
In 2002, the Israeli parliament passed legislation that can shut down any foreign news outlets if they harm national morale or endanger national security. Consumers of media considered “terrorist material,” a broad category of information, are also criminalized through this law.
These gross violations of press freedom and violations of the rights of journalists to conduct their work with the protections of international law set a dangerous precedent.
The only time that journalists are not afforded the protections of international humanitarian law is, as any civilian, if they take direct part in hostilities. What does "hostilities" consist of? Producing propaganda is not direct participation.
A journalist would need to take part in acts that intentionally seek to “cause actual harm to the personnel and equipment of the enemy armed forces.”
Every conflict in which journalists are targeted and killed with impunity sets a dangerous precedent for how journalists are perceived by the public and their ability to conduct their work.
Sources: (Al Jazeera) (International Committee of the Red Cross) (The Council of Europe) (Committee to Protect Journalists) (WACC)
See also: On the front lines: those who risk everything for global peace
Targeting journalists in conflict zones
The fight for press freedom
LIFESTYLE Press
Increasingly, journalists have become victims of the violence in contexts of conflict, particularly in an age of indiscriminate warfare. International law has made efforts to establish provisions that afford protection to journalists and media professionals, including those conducting reporting activities in areas of armed conflict. Despite these principles, the denial of the observance of these protections, as well as for international humanitarian law in general, has greatly accelerated.
But what, exactly, does international law say about press freedom? How should journalists be considered in areas of conflict? Click through this gallery to learn more.