Overview
The history of journalism and the history of laws of war are
often intertwined. Ever since the Crimean War, reports from the front have affected
national and international policy.
Most recently, media reports of widespread
human rights abuses have contributed greatly to the decision to establish the
War Crimes Tribunal on Former Yugoslavia, and to the decisions to intervene
in Kosovo and East Timor.
Often, it is the journalists who are
in the unique position of being able to combine reports from combatants and
civilians, non-governmental organizations and government officials into a coherent
and compelling account and to disseminate that account to a large audience.
It is each journalist's responsibility
to make that account as complete and as accurate as possible. To this end, the
Press Freedom Network of the Society of Professional Journalists presents this
guide to the Geneva Conventions.
Please note, however, that the six documents
included and indexed here are not the final word on international law of war.
A number of international treaties have not been included in this reference,
including treaties restricting the spread of chemical and biological weapons
and land mines, as well as international human rights agreements.
A country may also be a party to regional
agreements that bear on the conduct of war and on human rights. Finally, each
country also has a complex set of internal laws and procedures that may have
bearing on these same issues.
For up-to-date information about international
treaties, consult one of the web sites listed at the end of this introduction.
For information about specific local laws and agreements, the best references
as of this writing are local experts such as lawmakers, diplomats and legal
scholars.
Another important caveat is that the
Geneva Conventions, like any other sets of laws, are subject to interpretation.
For example, during the Vietnam War, the United States military conducted area
bombardments, used Agent Orange to defoliate forests, and declared some areas
"free fire zones." The question of whether these actions were in violation of
the Geneva Conventions is still unresolved.
Interpretations also change over time.
During World War II, war correspondents often accompanied the armed services
and wore military uniforms and the earlier Conventions echoed that fact. However,
by the time of the Vietnam War, journalists were already separating themselves
from the armies they reported on, a change which was reflected in the Additional
Protocols.
Customary Laws
The following are rules applicable in all conflicts, regardless
of whether the countries in question are signatories of the Geneva Conventions
Ð and regardless of whether the warring party in question is recognized as an
independent state.
Warring parties must obey the rules spelled out in the common article 3 of the
Geneva Conventions, which requires that prisoners of war and wounded combatants
be protected from murder; discrimination based on race, religion, sex, and similar
criteria; mutilation, cruel treatment and torture; humiliating and degrading
treatment; and sentencing or execution without a fair trial.
In addition, the following are forbidden towards any persons
in an area of armed conflict:
— Torture, mutilation, rape, slavery and arbitrary killing
— Genocide
— Crimes against humanity – which include forced disapparance
and deprivation of humanitarian aid
— War crimes – which include apartheid, biological experiments,
hostage tacking, attacks on cultural objects, and depriving people of the
right to a fair trial.
For a more complete explanation of any of the above terms, please see the alphabetical
reference, which follows this introductory material.
International Rules About Soldiers
The Geneva Conventions and supplementary protocols make a
distinction between combatants and civilians. The two groups must be treated
differently by the warring sides and, therefore, combatants must be clearly
distinguishable from civilians. Although this obligation benefits civilians
by making it easier for the warring sides to avoid targeting non-combatants,
soldiers also benefit because they become immune from prosecution for acts of
war.
For example, a civilian who shoots a soldier may be liable for murder while
a soldier who shoots an enemy soldier and is captured may not be punished.
In order for the distinction between combatants and civilians
to be clear, combatants must wear uniforms and carry their weapons openly during
military operations and during preparation for them.
The exceptions are medical and religious personnel, who are
considered non-combatants even though they may wear uniforms. Medical personnel
may also carry small arms to use in self-defense if illegally attacked.
The other exception are mercenaries, who are specifically excluded
from protections. Mercenaries are defined as soldiers who are not nationals
of any of the parties to the conflict and are paid more than the local soldiers.
Combatants who deliberately violate the rules about maintaining
a clear separation between combatant and noncombatant groups Ñ and thus endanger
the civilian population Ñ are no longer protected by the Geneva Convention.
Combatants who do fall within the guidelines of the Geneva Conventions enjoy
the following protections:
— Prisoners of war must be treated humanely. Specifically,
prisoners must not be subject to torture or to medical or scientific experiments
of any kind. They must also be protected against violence, intimidation, insults
and public curiosity. The public display of POWs is also prohibited.
— When questioned Ñ in the prisoner's native language Ñ prisoners
of war must only give their names, ranks, birth dates and serial numbers.
Prisoners who refuse to answer may not be threatened or mistreated.
— Prisoners of war must be immediately evacuated away from
a combat zone and must not be unnecessarily exposed to danger. They may not
be used as human shields.
— Finally, and most importantly, prisoners of war may not
be punished for the acts they committed during the fighting unless the opposing
side would have punished its own soldiers for those acts as well.
International Rules About Civilians
Both the fourth Geneval Convention and the two Additional Protocols extend protections to civilians during war time.
— Civilians are not to be subject to attack. This includes
direct attacks on civilians and indiscriminate attacks against areas in which
civilians are present.
— There is to be no destruction of property unless justified
by military necessity.
— Individuals or groups must not be deported, regardless of
motive.
— Civilians must not be used as hostages.
— Civilians must not be subject to outrages upon personal dignity.
— Civilians must not be tortured, raped or enslaved.
— Civilians must not be subject to collective punishment and reprisals.
— Civilians must not receive differential treatment based on race, religion, nationality, or political allegiance.
— Warring parties must not use or develop biological or chemical weapons and must not allow children under 15 to participate in hostilities or to be recruited into the armed forces.
International Rules About Journalists
Customs have changed since the 1949 conventions were signed.
In the first half of this century, journalists were considered civilian members
of military, often wore uniforms, and became prisoners of war when captured.
The first, second and third Geneva Conventions extend to war
correspondents all the protections due to combatants. They were not to be treated
as spies and, even though their notebooks and film could be confiscated, they
did not have to respond to interrogation. If they were sick or wounded, they
must receive medical treatment and, if they were captured, they must be treated
humanely.
This changed with the adoption of the 1977 Protocols, which
explicitly recognized journalists to be civilians and due to all the civilian
protections.
Now, journalists must not be deliberately targeted, detained,
or otherwise mistreated any more than any other civilian.
This means that journalists now have an obligation to differentiate themselves
from combatants by not wearing uniforms or openly carrying firearms.
Grievance Procedures
If a person or a group of people feels that their rights have
been violated, there are a number of agencies and organization to whom they
may turn for help.
Many of these agencies and organizations collect case histories
and other documentation of war crimes and human rights abuses for the purposes
of distributing them to the media. A few organizations will even help journalists
find sources and transportation. Some representatives of these organizations
speak on the record, others only for background information.
When dealing with such an organization, the journalist should
respect the organization's official policies when it comes to press contacts
while at the same time recognizing that some may also provide additiona information
provided that some requirements are met. These requirements may include not
attributing the information to that organization, finding a second source for
the information or using the information in such a way that it does not expose
the organization's employees or sources to any danger. These are all reasonable
requests and a reporter should abide by these restrictions in order not to jeopardize
the agencies' humanitarian mission or future relationships with journalists.
These agencies and organizations include, but are not limited to:
Image of original document of the first Geneva Convention from 1864 courtesy Kevin Quinn, Ohio, US; licensed under the Creative Commons Attribution license
International Journalism Committee The International Journalism Committee works to improve and protect
international journalism and encourage the free practice of journalism in all
countries.
For the purposes of this committee, international journalism is
defined as any journalism that involves foreign journalists, that takes place
overseas, or that deals with international affairs.
To improve international journalism, the committee will do some
or all of the following:
— Write articles about international journalism for Quill.
— Put together a panel on a topic related to international journalism at the
annual convention.
— Lend assistance to journalists when they ask for our help, both American and
foreign, to the extent we are able to do so.
— Create resources of use to international journalists and make them available
via the Web, printed guidebooks, or other means to both foreign and American
journalists.
— Find ways to bring foreign journalists to the U.S. and American journalists
overseas for fellowships, conferences, and other educational purposes.
To protect international journalism, the committee will do some or all of the following:
— Draft press releases and letters on behalf of international
journalism or international journalists.
— Lobby Congress in favor of measures that support international journalism.
— Work with other organizations on international projects related to freedom
of speech, freedom of information, and similar issues.
— Act as a watchdog on U.S. government agencies that may attempt to restrict
international journalism.
Are you interested in serving on the committee? Please contact our committee chairs to find out how you can help.
International Journalism Committee Chair June Nicholson, chair
Associate Professor
School of Mass Communications
Virginia Commonwealth University
901 W. Main Street
Richmond, VA 23284-2034
804/827-0251 E-mail Bio (click to expand)
June O. Nicholson, an associate professor in the School of Mass Communications at Virginia Commonwealth University in Richmond, Va., has chaired national SPJ’s Journalism Education Committee since 2000. She has been a member of several other national SPJ committees over the past two decades. She is co-developer of the SPJ newsroom training module on covering diverse communities. Nicholson also is a former president of the Virginia professional chapter of SPJ.
At VCU, Nicholson teaches government, enterprise and project reporting and coverage of specialized beats such as science, health, education, urban affairs and the environment. She also teaches a course on International Media Coverage: The Middle East. Before joining the VCU faculty, she was a reporter and editor for some 15 years in North Carolina and Virginia. She is a former acting director, associate director and assistant director of the VCU School of Mass Communications. Nicholson holds a master’s degree in public affairs journalism from The American University in Washington, D.C., and a B.A. degree in journalism from the University of North Carolina at Chapel Hill.
“I am a member of SPJ because I believe the organization plays a vital role in protecting the First Amendment, free speech and freedom of information in this country.”
Society of Professional Journalists
Eugene S. Pulliam National Journalism Center, 3909 N. Meridian St., Indianapolis, IN 46208
317/927-8000 | Fax: 317/920-4789 | Contact SPJ Headquarters | Employment Opportunities
June O. Nicholson, an associate professor in the School of Mass Communications at Virginia Commonwealth University in Richmond, Va., has chaired national SPJ’s Journalism Education Committee since 2000. She has been a member of several other national SPJ committees over the past two decades. She is co-developer of the SPJ newsroom training module on covering diverse communities. Nicholson also is a former president of the Virginia professional chapter of SPJ.