The Pentagon has responded to complaints from news organizations and is no longer considering battlefield journalists as “unprivileged belligerents” and comparing them to spies.
After a year-long review, which considered the concerns of media organizations, the Defense Department released its new Law of War manual Friday containing a substantial revision to the section on journalists.
The Pentagon’s General Counsel Jennifer O’Connor said DoD lawyers engaged in a “productive, thoughtful dialogue” with journalists, and that the new version of the manual communicates “more clearly the department’s support for the protection of journalists under the Law of War.”
“The department’s mission is to defend the very freedoms that journalists exercise,” O’Connor said in a statement accompanying the release of the new version.
The old manual advised commanders that, at times, journalists could be considered “unprivileged belligerents,” and characterized reporting on military operations as “very similar to collecting intelligence or even spying.”
It also warned journalists they must “act openly and with the permission of relevant authorities,” and said governments “may need to censor journalists’ work so they do not reveal sensitive information.”
The provisions referring to spying and censorship have been removed and the new version emphasizes that “journalists play a vital role in free societies and the rule of law and in providing information about armed conflict.”
The changes were welcomed by the group Reporters Without Borders, which said the new manual will help improve the safety of journalists working in dangerous conflict zones.
“The revised version clarifies the international legal principle that journalists are protected as civilians under the Law of War, referencing the United Nations Security Council resolution 2222 on the safety of journalists.”
Pentagon Press Secretary Peter Cook said the revisions were the result of months of constructive engagement with the media.
“We appreciate the willingness of journalists to constructively share their concerns with the department’s lawyers. The changes to the manual reflect the department’s concerted effort to address those concerns and clarify specific language.”
The revised Law of War manual now contains this language:
In general, journalists are civilians and are protected as such under the Law of War. Journalists play a vital role in free societies and the rule of law and in providing information about armed conflict.
Moreover, the proactive release of accurate information to domestic and international audiences has been viewed as consistent with the objectives of U.S. military operations. DoD operates under the policy that open and independent reporting is the principal means of coverage of U.S. military operations.”
