In an editorial, the New York Times says: The Defense Department earlier this summer released a comprehensive manual outlining its interpretation of the law of war. The 1,176-page document, the first of its kind, includes guidelines on the treatment of journalists covering armed conflicts that would make their work more dangerous, cumbersome and subject to censorship. Those should be repealed immediately.
Journalists, the manual says, are generally regarded as civilians, but may in some instances be deemed “unprivileged belligerents,” a legal term that applies to fighters that are afforded fewer protections than the declared combatants in a war. In some instances, the document says, “the relaying of information (such as providing information of immediate use in combat operations) could constitute taking a direct part in hostilities.”
The manual warns that “Reporting on military operations can be very similar to collecting intelligence or even spying,” so it calls on journalists to “act openly and with the permission of relevant authorities.” It says that governments “may need to censor journalists’ work or take other security measures so that journalists do not reveal sensitive information to the enemy.”
Allowing this document to stand as guidance for commanders, government lawyers and officials of other nations would do severe damage to press freedoms. Authoritarian leaders around the world could point to it to show that their despotic treatment of journalists — including Americans — is broadly in line with the standards set by the United States government.
One senior Pentagon official, who was asked to explain when a journalist might be deemed an “unprivileged belligerent,” pointed to the assassination of the Afghan military commander Ahmad Shah Massoud in September 2001. That example is preposterous because Mr. Massoud was killed by assassins who posed as television journalists and hid explosives in a camera. They were not, in fact, journalists.
The manual’s argument that some reporting activities could be construed as taking part in hostilities is ludicrous. That vaguely-worded standard could be abused by military officers to censor or even target journalists. [Continue reading…]
