Journalistic principles are the same in the national and international arenas, whether in times of peace or armed conflict.
– The media falls into line with political power in conflict situations, making it easy to overlook legal perspectives, which affects journalism’s ability to be a watchdog on power and to defend truth.
This is the view of Rune Ottosen, professor of journalism at the University of Oslo.
– The media doesn’t make independent analyses of legal matters, he says.
He indicates the case of humanitarian intervention during the civil war in Libya.
Stretching the boundaries of the legality of war
Humanitarian intervention is a special case in the use of military force. It is mandated by the United Nations Security Council. The Council issues resolutions on issues of jus ad bellum, meaning the right to use military force. Without the Council’s mandate all military activities are illegal.
With the bombing of Libya in 2011, the Security Council presented a resolution on humanitarian grounds and Nato sent in its bombers.
– Not one country that supported the resolution supported the bombing operation. Quality journalism should first question whether such an intervention falls within the scope of the resolution, says Ottosen.
The main Norwegian papers for the most part supported the country’s involvement in Nato’s operation.
In the end, rebel groups seized and killed Libya’s ruler Muammar Gaddafi. It’s been argued that the United States and its allies were hastening regime change under the guise of intervening to protect civilians. Ottosen says that this exceeded the UN Security Council mandate, and that it was not adequately addressed in the media. Deficient legal perspective, he says, is also linked to the choice of sources used.
– Most of those who were used as sources were military spokespersons and government politicians.
International law provides a perspective
Apart from the legitimacy of the use of force, international law also regulates the conduct of warfare. This law is called jus in bello, and it defines international humanitarian law as developed by the International Committee of the Red Cross.
Jani Leino, legal advisor at the International Red Cross, says that the media’s handling of wartime activities seems to suffer similar problems to issues of jus ad bellum. Experts are not used as sources.
Leino says that journalists should know the basic principles of law for them to be able to recognise possible violations of it and to ask advice from legal experts.
– Events are often analysed from political and military angles and the legal aspect gets overlooked.
Raising the legal perspective is one way to step outside a conflict. International humanitarian law upholds balance and justice by setting common rules for the conduct of war. The rules are the same for everyone, whether peacekeeper or terrorist.
– International humanitarian law allows us to assess a war situation through the minimum requirements that the law places on states in relation to individuals, says Leino.
Tips for journalists
1. Know the terminology
In law, the meaning of words is defined. Knowing terminology makes it easier to converse with legal experts.
2. Ask an expert
You’re a journalist not a lawyer. Spreading of information is one of the goals of international humanitarian law.
3. Questionable authorities
Look for critical voices. Journalists covering armed conflicts often stick to national policy.
4. Give a complete picture
The legal angle is important but it’s not the only one. The law doesn’t talk about right and wrong, and it can be ethically and strategically weak.
5. Go for balance
Humanitarian law is often violated by all sides to a conflict. Even noble warriors are capable of war crimes.
6. Check out details
Read the protocols of UN resolutions. Know what was voted on. Be precise in distinguishing civilian targets from military ones.
7. Learn the basics
The basic principles and rules of the law applying to armed conflicts are a minimum basis for identifying potential violations.
Institutions of international law
International law, like national law, is based on institutions, but their roles differ from national ones. To understand the working of international you needs to know about the relevant institutions.
The International Committee of the Red Cross (ICRC) develops international humanitarian law. The United Nations (UN) is the world’s largest international organization. It was founded after the Second World War as a global cooperative organisation aimed at protecting the world from new wars and ensuring that the violations of human rights that took place during the World War could never be repeated. The UN’s numerous subdivisions and specialized agencies are involved in regulating and advancing international law. The UN Security Council issues resolutions on international peace and security issues.
The United Nations Office for Disarmament Affairs (UNODA) disseminates information ranging from disarmament treaties to state military spending.
The International Court of Justice (ICJ), issues judgements and advises states on disputes between them. The International Criminal Court (ICC) hands down judgements on war crimes committed by individuals.
Did you know?
- According to international law a journalist is a civilian. According to the principle distinction in international humanitarian law, civilians must be afforded comprehensive protection. The principle distinction is one of the five basic principles of the law. All media workers, except for the armed forces press corps, are journalists for the purposes of the law.
- In addition to affording civilian protection to mandated war correspondents, international humanitarian law accords them the status of prisoners of war in the event they are held prisoner. Keeping a prisoner of war interned can only be justified on grounds of reducing the enemy’s military force or protecting the prisoner. Prisoners of war have the right to, among other things, necessary healthcare.
- Two types of law governing armed conflicts:
Jus ad bellum – international law on the initiation of war, as defined in the UN Charter. The law applies to states.
Jus in Bello – the international law regulating the conduct of war, which is valid only during armed conflicts. Its main aims are to protect non-combatants and guarantee the humane treatment and medical aid for all.
Further information
New Wars, New Media and New War Journalism, Stig A. Nohrstedt ja Rune Ottosen, Nordicom 2014. Chapters 6 and 7 deal with legal issues. Pages 198−199 carry a “checklist for professional conflict and war media reporting”.
ICRC glossary of international humanitarian law.
ICRC legal experts explain how humanitarian legal protection works for journalists.
ICRC’s online guide to international humanitarian law.
ICRC’s database on humanitarian law, which you can browse according to country or agreement.
UN disarmament agreement database, which you can browse according to country or agreement.
Doctors without borders’ Practical Guide to Humanitarian Law.