Attack on journalists is war crime
MBABANE –The attack on journalists covering conflicts is considered as a war crime. It is mentioned in the Geneva Convention of 1949 and their Additional Protocols that journalists covering conflicts should be afforded protection under international humanitarian law.
Article 79 of the 1977 Additional Protocol I provides the following -
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.
SHALL BE PROTECTED
2. They shall be protected as such under the conventions and this protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in 4 A 4 of the third convention.
3. They may obtain an identity card. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located shall attest to his status as a journalist.
Of late, there have been death threats made against certain journalists in Eswatini. The home of the editor of the Eswatini Financial Times, Alec Lushaba was burnt. The Swaziland International Solidarity Forces claimed responsibility for the burning of Lushaba’s home.
CLAIM RESPONSIBILITY
The home of Zweli Martin Dlamini, the Editor of Swaziland News, was also torched. No one came out to claim responsibility for the burning of Dlamini’s home.
There were people on social media who have been inciting some elements to execute certain journalists in the country.
In a democratic society, it is said that people are free to hold personal opinion under the right to freedom of expression.
In fact, the Geneva Convention of 1949 and their Additional Protocols set out rules to protect people who are not taking part in the fighting and those who can no longer fight.
Additional Protocol 1 specifies that journalists who are engaged in professional missions in areas of armed conflict must be considered as civilians and must be protected as such as long as they take no action adversely affecting their status as civilians.
According to the Council of Europe, all parties to a conflict must protect journalists, avoid deliberate attacks against them and uphold their rights in case they are captured.
ATTACKS AGAINST CIVILIANS
In addition, the council cites the Rome Statute of the International Criminal Court, which establishes that intentionally directing attacks against civilians and therefore also against journalists, who are not engaged in the hostilities, constitutes a war crime.
The council states that there are many areas around the world, particularly in conflict or post-conflict zones, where it is dangerous, even life-threatening, to practice journalism. The war in Ukraine provides yet another tragic illustration of the vulnerability of journalists in conflict situations.
“While it is impossible to prevent all of the risks these journalists are exposed to, States can and should do more to reinforce their safety,” the council said.
It is said that the importance of press coverage of armed conflicts cannot be overstated.
“By gathering and disseminating reliable information about armed conflicts, journalists carry out a crucial mission of public interest,” reads the report.
HUMAN RIGHTS VIOLATIONS
“It is often thanks to journalists that serious human rights violations, war crimes and other atrocities are brought to the attention of the public and of decision makers.”
The council added: “By going where others do not go, by interviewing people, verifying facts, getting the news out, they lay out the situation before our eyes. Sometimes journalists covering conflicts have also helped courts obtain crucial evidence to hold war criminals to account.” It has been mentioned that the work of journalists can, therefore, document crimes, help to uphold human rights, establish accountability and foster international solidarity.
“This comes however with a price,” it is said.
“Journalists on duty in the battlefield often face extreme danger, sometimes similar to that faced by members of the armed forces.”
Meanwhile, renowned organisations are leading global effort to promote a culture of safety within the media industry.
These are International Press Institute (IPI), in cooperation with the Al Jazeera Media Network, International News Safety Institute (INSI) and Africa Media Initiative (AMI).
They are raising awareness among journalists about international standards in this area as well as by encouraging best practices in the newsroom for protecting journalists and media staff on dangerous assignments or working in hostile environments.
FULFIL THESE GOALS
In order to fulfil these goals, IPI and its international partners have worked together to draft the International Declaration on the Protection of Journalists, which summarises international principles related to the protection of journalists operating in
dangerous environments, emphasising the responsibilities of States to guarantee journalist safety and combat impunity, and highlights steps and remedies that media organisations and journalists should consider in order to strive for greater safety.
A study on insurgents attacking journalists indicates that violence against members of the Fourth Estate is not simply an attack on civilians but also a threat to communication and knowledge, including about governance and conflict.
ATTACKS AGAINST SCHOOLS
As with attacks against schools, given the relative rarity of such violence, it is somewhat difficult to identify explanatory factors.
With regard to violence against journalists, inter-organisational alliances are one of the few variables that seem to help explain this type of bloodshed. This is perhaps due to organisations learning about tactics from their peers.
In addition, regime type seems to be important because insurgent groups in more democratic countries are more likely to attack the news media.
On November 10, 2020, Mozambican journalists from the Sao Francisco de Assis Community Radio and their families fled into the bush and were reportedly living in deplorable conditions following an insurgent attack on the district of Muidumbe in the Cabo Delgado province. According to a statement from the National Forum of Community Radio Stations (FORCOM), insurgents occupied the Parish Church of the Sacred Heart of Jesus, where the station is located, forcing the journalists and their families to flee into the bushes. The journalists were reportedly trying to find their way to nearby districts, where the situation was relatively calmer.
DESTROYED
Following the raid on the church, the insurgents also destroyed the radio station’s equipment. Some of the equipment was, however, rescued and was transported to the city of Pemba. The situation in Mozambique was quite concerning, with reports of attacks on journalists becoming more prevalent.
It is now imperative for the Government of Mozambique to guarantee the safety and security of journalists in the region that has been the epicentre of an insurgency.
The government must do everything in its power to ensure that the distressed journalists and their families are accounted for and that a safe passage is created for them.