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Bush:
"You Have To Keep Repeating Things To Catapult The
Propaganda"
27.05.2005
www.prisonplanet.com
We were graced with a new Bushism on Tuesday
this week but it seems to have conveniently slipped under the radar.
President Bush gave a talk at the Athena
Performing Arts Center at Greece Athena Middle and High School
Tuesday, May 24, 2005 in Rochester, NY. Bush traveled to Rochester,
trying to win support for his proposed overhaul of the Social
Security system.
About half way through the event Bush came out
with this pearler.
"See in my line of work you got to keep
repeating things over and over and over again for the truth to sink
in, to kind of catapult the propaganda."
The Media as an Instrument of War
by Kenneth Payne
From Parameters, Spring 2005, pp. 81-93.
The media, in the
modern era, are indisputably an instrument of war. This is because
winning modern wars is as much dependent on carrying domestic and
international public opinion as it is on defeating the enemy on the
battlefield. And it remains true regardless of the aspirations of
many journalists to give an impartial and balanced assessment of
conflict.
The experience of the
US military in the post-Cold War world demonstrates that victory on
the battlefield is seldom as simple as defeating the enemy by force
of arms. From Somalia and Haiti through Kosovo and Afghanistan,
success has been defined in political, rather than military, terms.
Today’s military
commanders stand to gain more than ever before from controlling the
media and shaping their output. The laws and conventions of war,
however, do not adequately reflect the critical role that the media
play in shaping the political outcome of conflicts. International
humanitarian law requires that media members are afforded the rights
of civilians; the question is whether this is sustainable when the
exigencies of warfighting suggest that controlling the media is
essential.
The Media and the Laws of War
It is difficult to
generalize about the international media, a heterogeneous entity
that includes representatives of numerous organizations with varying
political and cultural foundations. But it is nonetheless an
incontrovertible fact that the international media as a whole are
not a neutral force on the battlefield.
Consider the US-led
invasion of Iraq. Of course, the US military was aware of the
possibility of bad press when it introduced widespread embedding.
Reporters bring their
own perceptions, and the level of access and freedom of reporting
entailed in the embedding scheme meant that damaging reports were a
real possibility. Indeed, damaging reports eventually occurred, as
when The Washington Post quoted Lieutenant General William
Wallace as saying that the enemy being fought was “different from
the one we war-gamed against.”1
Members of the media
remain entitled to express their opinions, whether or not they are
billeted with US forces. In an era in which the media are less
deferential to authority than World War II, and in wars that are
less integral to their home societies, journalists have proved
capable of fierce criticism, both of individual participants’
behavior and of the wider strategic purpose of a conflict.
Consider a later
example from the occupation of Iraq, the battle for Fallujah in
April-May 2004. Writing after the withdrawal of most coalition
forces from downtown Fallujah in favor of indigenous Iraqi units,
Ralph Peters offered this assessment of the power of the media in
determining military outcomes:
The [US] Marines in
Fallujah weren’t beaten by the terrorists and insurgents, who were
being eliminated effectively and accurately. They were beaten by al-Jazeera.
. . . The media [are] often referred to off-handedly as a strategic
factor. But we still don’t fully appreciate [their] fatal power. .
. . In Fallujah, we allowed a bonanza of hundreds of terrorists and
insurgents to escape us—despite promising that we would bring them
to justice. We stopped because we were worried about what already
hostile populations might think of us. The global media disrupted
the US and Coalition chains of command. . . . We could have won
militarily. Instead, we surrendered politically and called it a
success. Our enemies won the information war. We literally didn’t
know what hit us.2
The Fallujah stalemate
demonstrates that the neutral status that the press enjoys in
conflicts is far removed from neutrality in any normative sense. The
question then becomes whether this is an appropriate circumstance,
whether it is sustainable, and what are the likely implications.
The Geneva Protocols
The overarching
framework of international humanitarian law governing the conduct of
belligerents dates to an era before the expansion of international
news networks that operate across a range of media and are capable
of live battlefield reporting. Early international humanitarian law
did not give a great deal of attention to the rights and
responsibilities of the media in war. As noted in the Commentary on
the first Protocol additional to the Geneva Conventions,
“International humanitarian law instruments dating from before
1977 do not contain any special provisions relating to journalists
or their mission.”3
The 1949 Geneva
Conventions do, however, address the position of battlefield
reporters, at least in terms of the obligations of combatants toward
detained correspondents. Journalists are to be afforded all the
protection due to combatants, and, while their equipment could be
confiscated on capture, they are not legally obliged to respond to
interrogation. Sick or wounded correspondents should receive medical
treatment and, if detained by belligerents, they should be treated
humanely.
With the 1977
protocols to the Conventions, the situation changed somewhat, with
signatories agreeing that journalists should be considered as
civilians4 when “engaged in dangerous missions in areas
of armed conflict,” provided that “they take no action adversely
affecting their status as civilians.”5 To this end,
correspondents have an obligation to differentiate themselves from
combatants, for example by not wearing military uniforms. As the
Commentary on the Protocol states, “On the battlefield a combatant
cannot reasonably be asked to spare an individual whom he cannot
identify as a journalist.”6 As civilians, journalists
are entitled by the 1977 Protocol to “enjoy general protection
against the dangers arising from military operations” and “shall
not be the object of attack.”7
The United States,
unlike the United Kingdom, has not ratified the 1977 Protocol to the
Geneva Conventions, but US forces nevertheless have an ingrained
tradition of treating the media as noncombatants. In essence this
status revolves around the condition established in the Protocol
that the media “take no action adversely affecting their status as
civilians.” For Alexandre Balguy-Gallois, writing in the International
Review of the Red Cross, “The media cannot be considered a
legitimate target, even if they are being used for propaganda
purposes.” Nonetheless, he concedes “an evident need for the
adoption of a new [legal] instrument, . . . to reaffirm those
elements of humanitarian law that apply to journalists and media
personnel, . . . [and] to improve existing law and adapt it to the
requirements of today.”8
By contrast, consider
this assessment from the Department of Defense’s Office of General
Counsel:
Enemy military forces
are declared hostile. They may be attacked at will, along with their
equipment and stores. Civilians and civilian property that make a
direct contribution to the war effort may also be attacked, along
with objects whose damage or destruction would produce a military
advantage because of their nature, location, purpose, or use. . . .
Civilian media
generally are not considered to be lawful military targets, but
circumstances may make them so. In both Rwanda and Somalia, for
example, civilian radio broadcasts urged the civilian population to
commit acts of violence against members of other tribes, in the case
of Rwanda, or against UN-authorized forces providing humanitarian
assistance, in the case of Somalia. When it is determined that
civilian media broadcasts are directly interfering with the
accomplishment of a military force’s mission, there is no law of
war objection to using the minimum necessary force to shut them
down. The extent to which force can be used for purely psychological
operations purposes, such as shutting down a civilian radio station
for the sole purpose of undermining the morale of the civilian
population, is an issue that has yet to be addressed authoritatively
by the international community.9
Control of the Media
The relationship
between the media and the military hinges on the extent to which the
media’s civilian status can be considered compromised by the
activities of the armed forces alongside which they operate. At
whatever level the media interact with the military during times of
conflict, there is always an inherent tension between the ostensible
goals of impartial and balanced media reporting and the military
objectives of the combatants.
Public Affairs as an Information
Operation
Western militaries
have given considerable attention to the means through which they
might influence the activities and output of the media. Should they
choose to exercise them, the tools at their disposal could include
deception, distortion, omission, or obfuscation: the tools of
political “spin” adapted to the ends of warfighting. Many Public
Affairs officers will bridle at the preceding sentence, but it
remains the case that, in some circumstances, the interests of the
media in pursuit of a story and the military in pursuit of victory
do not coincide.
The balance between
public affairs and information operations is a delicate one, as
indicated in the relevant US Army Field Manual, Public Affairs
Tactics, Techniques and Procedures. “Information
operations,” notes the manual, “involve a variety of disciplines
and activities [including] information campaigns.” Public affairs
“support to [information operations] requires . . .
synchronization of efforts with other organizations and agencies to
ensure themes and messages are consistent and deconflicted.” The
language in the manual is instructive: public affairs is not seen as
an entity in itself, but as a “related activity” of information
operations.10
The US military, as
the manual demonstrates, is acutely aware of the importance of media
portrayal of conflict, and has developed an array of techniques to
affect that presentation. Public affairs staffs begin their support
of information operations by drafting a Public Affairs Estimate,
which includes an assessment of the media presence. The estimate
addresses the following questions: “What media representatives and
organizations are in the area of operation? Are they radio,
television, or print? Are they state-run or independent? What is
their political slant? Are they pro- or anti-coalition? Are they
receptive to coalition information products such as news releases or
other print or electronic products?”11
Lying outright to the
media may not, in many circumstances, make much sense, but
controlling the flow of information emphatically does, and the
purpose of the public affairs staff is precisely that—to control
the dissemination of information so as to maximize the military and
political advantage to US forces.
Of course, outright
lies do have a place on the battlefield. A media-savvy commander
will also seek to use the media to directly affect the enemy’s
plans, as part of a military deception operation. The current US
Army field manual on information operations provides further details
on the military advantages that can be gained from skillful
manipulation of the media. Military deception, it notes, is “a
fundamental instrument of military art. Its ultimate goal is to
deceive adversaries and others about friendly force dispositions,
capabilities, vulnerabilities, and intentions.”12 The
manual goes on to describe the mechanism through which an enemy can
be deceived through the construction of “a plausible, but false,
view of the situation, which will lead the deception target into
acting in a manner that will accomplish the commander’s goal. Once
the story is completed, the [Deception Working Group] determines the
deception means necessary to portray the events and indicators.”13
The manual, perhaps
understandably in an unclassified text, does not dwell explicitly on
the use of the media as a means of disseminating the deception’s
story. To be sure, there are also a wide variety of
non-media-related means of deceiving opposition forces. But the
manual does point to one episode of military deception through the
use of the media: the Egyptian crossing of the Suez in 1973, which
it offers as an example of “Conditioning an Adversary.” The
Egyptians, it notes, “used deceptive measures and a broad range of
centrally directed and controlled deception events involving
political and military activities. These included . . . publishing
reports in the press that officers would be allowed leave for the
annual hajj pilgrimage.”14
Whether for purposes
of military deception or more broadly in an effort to control the
public and elite perception of a conflict, the US military has a
keen interest in influencing how the media perceive the events on
the battlefield. During the recent invasion of Iraq, the two main
methods by which the US military sought to influence the media were
the program of embedding reporters and the strategic-level news
presentations given by senior personnel in Qatar and Washington.
Embedding
Embedding reporters
within military units has long been a feature of Western
war—reporters accompanied US forces ashore at Normandy, and in the
Vietnam War reporters were given unprecedented latitude in
accompanying US forces into battle. Embedding in the recent Iraqi
invasion was not so different from these earlier conflicts, except
that reporters were tied to one unit, rather than being free to
roam. But embedding in Iraq was dramatically different from the
experience of the press in other recent conflicts involving the
United States, particularly Afghanistan post-9/11 and the 1991
liberation of Kuwait. For Walter Cronkite, “The principal
advantage [of embedding] is that it is 180 degrees better than the
blackout the military enforced during the first Gulf War.”15
Embedding in its
modern guise provides the military with two key advantages in
influencing the output of the embedded media. First, embedding with
troops restricts a reporter’s view of the battlefield to the view
available to the unit he or she is embedded with. The embedding
program in the Iraq invasion demonstrated that the media,
particularly television news, have a tendency to focus on the drama
of the small-scale tactical actions they can see, rather than the
broader operational and strategic dimensions of the conflict.
A post-invasion study
by Columbia University’s Project for Excellence in Journalism
found that embedded reports were “largely anecdotal. [They were]
combat-focused, and mostly live and unedited. Much [of the
reporting] lacks context but is usually rich in detail. It has all
the virtues and vices of reporting only what you can see.”16
For Chief of the British General Staff, General Sir Mike Jackson,
embedding produces images that “are no more than snapshots at a
particular time and a particular place. Dramatic they may be, but
frankly they tell you very little, if anything at all, about the
progress of the campaign at a strategic level.”17
Clearly this is a mixed blessing for the military, depending on
whether it wishes the media to focus on the tactical or strategic
dimensions of a conflict at any given time.
What’s more, by
choosing which units to embed reporters with, the US military enjoys
a high degree of control over which part of the battlefield will
receive media coverage—particularly since operating independently
on the battlefield has become incredibly dangerous. The preparation
of the Medina Republican Guard division, to give just one example,
took place from the air, with no embedded reporting available.
The same is true of all the Special Forces operations in western
Iraq, and much of the Peshmerga-Special Forces operation in
the north.
A second advantage of
embedding is subtler. When US forces go into combat, the mainstream
American media are, in the first instance at least, predisposed to
back them. There is a plausible supposition that embedding enhances
this tendency, by bringing reporters closer to the soldiers of one
side than the other, perhaps to the extent of prompting a
subconscious bias in reporting, the product of shared hardships and
camaraderie.
For reporters, there
is an implicit danger in talking about where “we” go and what
“we” have achieved—and this “Stockholm syndrome” is
evident even among reporters who aim for the most scrupulous
objectivity. For George Wilson, a journalist for the National
Journal, the dangers of subconscious bias were very real: “You
were put in a position where you would certainly not be antagonistic
to the kids that you were involved with and admired, and you went
in, in those conditions, without having the ability like I had in
other wars to check things out for myself. So in effect I was
putting myself in a position to be a propagandist, which was great
for the Pentagon, but not so great for the readers.”18
Strategic Presentation
Embedding with units
deployed on the battlefield is only one level at which the military
can seek to influence the media. During the Iraq invasion, the US
military presented a strategic perspective of the battlefield to
journalists through daily briefings at the Central Command (CENTCOM)
field headquarters in Qatar and at the Pentagon. The British
military also held occasional briefings in London, timed to fit the
news cycle and minimize the potential for conflicting messages with
the other coalition media outlets.
But the
strategic-level presentations, as they had in the earlier liberation
of Kuwait, received a mixed reception from the media, in marked
contrast to the widespread enthusiasm for embedding. Several of the
network reporters dispatched to CENTCOM headquarters in Qatar
expressed displeasure at the flow of “big picture” information
from coalition headquarters. On 27 March 2003, for example, Michael
Wolff of New York Magazine drew applause from assembled
journalists when he asked the CENTCOM briefer, “Why should we
stay? What’s the value to us for what we learn at this
million-dollar press center?” The immediate answer, from Brigadier
General Vincent Brooks, was that reporters should try to gather
the “entire mosaic” of information. He emphasized the role of
embedded media, who “tell a very important story,” but added
that the Central Command briefings were an important part of the big
picture.19
But the quality and
quantity of information provided at the briefings did not always
bear out Brooks’s comments: very little, for example, is known
about critical Special Forces operations, or about coalition battle
damage assessments—how many tanks were destroyed by the coalition,
what proportion of missiles missed their targets. From this
perspective, the focus on embedded reports allowed the military to
control the “big picture” portrayal of the war, even if they had
limited control of the tactical presentation by embedded reporters.
And embedding diverted the media’s attention from the relative
paucity of information available elsewhere.
Media Control, and the Lack of It
Widespread embedding
during the invasion of Iraq encouraged the media to focus on the
tactical level, the more so given the relative paucity of strategic
detail available. This suited the coalition strategy very well. The
invasion was conducted with a relatively small force, if anything
enhancing the importance of strategic surprise, as exemplified by
the uncertainty over the destination of the 4th Infantry Division,
the drive through the Karbala gap by the 3d Infantry Division, and
the air assault north from Kuwait into the western desert by the
101st Airborne Division (Air Assault). In other circumstances, the
US military will doubtless need to adopt a different media approach.
Post-invasion Iraq
provides a good contrast. The protracted insurgency that followed
the end of major combat operations in Iraq has presented new
challenges for the coalition in seeking to shape the media picture
of conditions on the battlefield. Embedding with the military
remained an option for some reporters, but—at least until the
spate of journalistic kidnappings beginning in April 2004—many
reporters preferred to operate independently, often accompanied by
their own security advisors.
In many ways, the
low-intensity insurgency war currently under way in Iraq is more
typical of the semi-permissive environment normally facing war
correspondents than was the invasion itself. In Afghanistan,
Chechnya, the Philippines, Indonesia, Somalia, Sudan, and elsewhere,
correspondents work in dangerous and uncertain environments. The BBC
requires that all staff deploying to such hotspots complete a
one-week hostile environment training program. Other media
organizations make similar arrangements for their staffs.
Controlling the media in these semi-permissive environments presents
a different challenge for Western militaries, but one that is
critically important, given the centrality of the media in denying,
or shaping, the information available to the enemy, and in favorably
influencing the domestic and international portrayal of military
activities.
The experience of US
Marines in Fallujah (April 2004) and in Najaf (August 2004) typifies
the problem. Early moves to decisively engage and defeat insurgent
groups in the towns were rapidly stymied by media reporting of
hardship in the towns and of considerable damage to the urban
environment. Political pressure to limit the assault quickly
followed, and the Marines subsequently withdrew—in the case of
Fallujah, to be replaced by nominal Iraqi authority control, and in
Najaf by a negotiated settlement to secure the return of the Imam
Ali shrine.
In both examples, the
abiding perception is one of strategic defeat for US forces,
whatever the tactical success achieved by the Marines. Fallujah
remained an insurgent stronghold, and Moqtada al Sadr’s “Mahdi
Army” withdrew from Najaf in good order. From this Ralph Peters
drew the conclusion that the best way to counter adverse media
reporting of the sort he perceived around Fallujah in May 2004 is to
“speed the kill. . . . We must direct our doctrine, training,
equipment, organization, and plans toward winning low-level fights
much faster. Before the global media can do what enemy forces cannot
do and stop us short. We can still win the big campaigns. But
we’re apt to lose thereafter, in the dirty end-game fights.”20
Peters’ approach
amounts to conducting military combat without a media presence. He
suggests speed as one factor—space is another. Sometimes the sheer
remoteness of the battlefield, or the level of risk involved, will
serve to limit the presence of the media. The invasion of
Afghanistan illustrates the point, with little scope for
independents to operate in Taliban-held areas of the country, or in
the disputed border regions adjacent to Pakistan. Somalia, Chechnya,
Georgia’s Pankisi Gorge, the southern Philippines, and Kashmir are
other examples of places deemed too risky for deploying reporters by
many media organizations. On the whole, however, there will always
be some sort of media presence, no matter how difficult the terrain
or how rapid the military exploitation of a given scenario. Bold
freelancers and local operatives armed with satellite phones ensure
that there will usually be a Fallujah byline if the story merits
one.
Targeting the Media
If the media are
present, and they are undermining the political-military strategy,
it makes sense to control them. If they are behaving in a
non-neutral way, it may even seem appropriate to target them. But
where are the boundaries of neutrality? Perhaps targeting is lawful
if your enemy is using the media to defeat you militarily, for
example through a deception operation. But what if he is merely
shaping the media reporting of the conflict through his own
information operations? Would targeting the media be legitimate in
these circumstances, even if the media were not complicit in this
strategy? Or what if the media in question have brought their own
damaging prejudices to the battlefield, regardless of the ambition
of the enemy to control them?
The broad outlines of
debate are readily apparent, as illustrated by the opinion from the
Pentagon counsel quoted earlier. If the media are behaving
impartially, then they are entitled to treatment as civilians. Where
they are not, the assessment of the general counsel suggests that
they can be targeted militarily. The trick is in making an accurate
judgment about their partiality and the motives behind it.
A recent example dates
from the Kosovo conflict in 1999, when Allied forces successfully
attacked the studios of Radio-TV Serbia, the state broadcaster.
General Wesley Clark, then NATO’s Supreme Allied Commander Europe,
offers this retrospective in his book Waging Modern War:
It was difficult to
get political approval for striking the television stations, because
strikes on television facilities seemed undemocratic and perhaps
illegal. . . . At one point I had secured French permission to
attack the Serb television transmitter, as well as American
approval, only to have NATO balk when some of the ambassadors
questioned whether the target was truly military. . . . I tried to
craft a public explanation of the military value of the
transmitters, which didn’t succeed.21
Approval was
eventually forthcoming, however, and the attack on the station’s
Belgrade headquarters on 23 April resulted in a temporary disruption
of broadcasting, and approximately ten staff fatalities. Clearly,
the Serbian state-run media were not behaving with scrupulous
impartiality in reporting the conflict and, moreover, they were
bureaucratically an agent of their government.
The situation is
somewhat more complicated where non-state-controlled media are
operating. Some such media may aim to be more impartial than others,
and where they are behaving in a biased manner, legal opinion may
conclude that they can no longer be classed as civilians.
But making a judgment
about the impartiality of a broadcaster or newspaper is problematic.
Suppose a television channel were showing graphic footage of the
civilian casualties caused by your troops, or that they screened
interviews with dejected prisoners of war captured by your enemy. In
both examples, this footage could have an effect on the perceptions
of the war among viewers on both sides of the conflict. While the
combatants themselves are prohibited from this sort of activity, the
independent media are not legally a party to the conflict. But does
that mean that the station can be legitimately targeted? Then there
is the question of proportionate response—should you jam their
transmissions, discredit them somehow, or counter their message with
your own propaganda? Keeping them away from areas of the battlefield
where their reporting would be damaging seems sensible enough, but
what lengths can one go to in order to achieve that?
Then there is the
problem of whether it is enough that the media themselves strive to
be impartial, even if the constraints of the battlefield and the
deliberate efforts of the combatants are undermining their efforts.
If their host combatant is engaged in information operations
intended to favorably shape the media message, such that the
media’s output serves to further the purposes of that belligerent,
then there are legitimate questions about the de facto
neutrality of the media, even if the media organization attempts to
be scrupulously impartial and objective. Can rigorous objectivity
realistically be achieved in such circumstances? In the language of
the Pentagon’s counsel, could such a broadcaster be making “a
direct contribution to the war effort,” in which case might the
provisions of the Geneva Protocols be moot?
As to whether the
international media have ever deliberately been violently attacked
by Western forces, it is impossible for an outsider to provide a
definitive answer, but it seems improbable in most conceivable
circumstances. There were several episodes during the invasion of
Iraq in which international media were hit by fire from coalition
troops. In April 2003, a BBC team led by veteran correspondent John
Simpson and traveling south toward Baghdad from Kurdish-controlled
territory was hit by a bomb apparently dropped from a coalition
aircraft, despite the presence nearby of US Special Forces.22
Earlier in the conflict, the ITN reporter Terry Lloyd was killed in
uncertain circumstances while driving in southern Iraq.23
In the most controversial incident, US forces apparently fired on
the offices of Al-Jazeera in Baghdad.24
In all three cases,
there is no evidence of deliberate forethought. Furthermore, there
was little incentive for the coalition to target the media during
the invasion, even when they did not appreciate the reporting.
Coalition forces were easily achieving their military objectives in
Iraq and enjoying a broadly sympathetic press, at least in the
United States. Lloyd and Simpson were both well-schooled in the
principles of impartial and objective reporting and had chosen to
operate as “independents,” outside the embedding program, partly
in an effort to maximize their autonomy. And even in the case of Al-Jazeera,
which was broadcasting material in the Middle East that could
readily be construed as damaging to US objectives, the lasting
opprobrium consequent on attacking the office easily outweighed the
temporary advantage from interrupting Al-Jazeera operations in
Baghdad.
Journalists have,
however, become targets of one of the combatants in post-invasion
Iraq, with a number of reporters having been kidnapped by
insurgents, and some later executed. The objective appears to have
been to undermine support for the reconstruction process, rather
than to neutralize a media inimical to their objectives. In fact,
the media in post-invasion Iraq were in some ways working to the
advantage of the insurgents by publicizing hostage-taking of Western
company employees engaged in the reconstruction effort, and giving
exposure to the inability of US forces to subdue parts of the
country—notably Fallujah—without recourse to politically
unsustainable levels of urban violence.
By late August 2004,
according to the International News Safety Institute, 51 media
workers had died in Iraq since the start of the conflict 17 months
earlier.25 Some of these were killed deliberately by one
of the parties to the conflict, some were caught up in the
cross-fire, and some were killed in accidents. There is no
convincing evidence that coalition forces deliberately targeted any
reporters. Nonetheless, the centrality of public opinion, both in
the region and among the domestic audience in coalition countries,
means that the sorts of tricky legal and ethical issues outlined
above are likely to become concrete, rather than hypothetical,
questions for military lawyers in the years ahead.
Veteran British war
correspondent Martin Bell, quoted in The Guardian shortly
after the bombing of Al-Jazeera’s office, expressed his concern
that “independent witnessing of war is becoming increasingly
dangerous, and this may be the end of it. I have a feeling that
independent journalists have become a target because the management
of the information war has become a higher priority than ever.”26
Bell might be wrong in the sense of journalists being deliberately
attacked by Western forces, but in the broader sense of the
importance of controlling the media on the battlefield, he is surely
correct in suggesting that the importance of information operations
makes the job of a war correspondent more difficult and perhaps more
dangerous than before.
Conclusion
The conflicts of the
last decade have amply demonstrated that the media, ostensibly
non-state actors, have become an important party in many
international conflicts. In conflicts involving advanced Western
militaries, this is accentuated by the evolution and increasing
importance of information operations. Winning the media war is
crucially important to Western war-planners, and increasingly
sophisticated methods for doing so have been developed— albeit
with varying results.
And while the means
and objectives of waging war have changed dramatically during the
last decade, the press itself also has undergone a dramatic
transformation. The developments of the last decade scarcely need
rehearsing; from 24-hour rolling news stations to the proliferation
of on-line current affairs websites and blogs, the news-oriented
public has a greater range of sources than ever before, and the
military has a commensurately more complex task in winning the
information war.
The existing legal
framework covering the position of the media during conflict was
established before many of these developments. The question now is
whether a consensus can be found that systematically addresses the
new realities of war-reporting. With reporters increasingly
vulnerable under the existing arrangements, perhaps it is time to
consider a new humanitarian law specifically addressing the issues
raised above.
NOTES
1. Rick Atkinson,
“General: A Longer War Likely,” The Washington Post, 28
March 2003, p. A01. For more detail on the background of this
episode, see Rick Atkinson, In the Company of Soldiers
(London: Little Brown, 2004), pp. 171-75.
2. Ralph Peters,
“Kill Faster,” New York Post, 20 May 2004.
3. Protocol Additional
to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol I),
8 June 1977. Part IV: Civilian population. Section III—Treatment
of persons in the power of a party to the conflict, Chapter
III—Journalists. This Protocol and subsequent references to the
Geneva Conventions may be found at http://www.icrc.org.
4. The Geneva
conventions define civilians in “Convention III Relative to the
Treatment of Prisoners of War, Part I (1949).” Article 50 defines
a civilian as anyone who is not a member of the armed forces of a
party to the conflict, or of a militia, or an inhabitant of a
non-occupied territory who takes up arms on the approach of invading
forces, provided they carry arms openly and respect the laws of war.
5. Article 79,
Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed
Conflicts (Protocol I). The relevant text in full reads: “1.
Journalists engaged in dangerous professional missions in areas of
armed conflict shall be considered as civilians within the meaning
of Article 50. . . . 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.”
6. Protocol Additional
to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol I),
8 June 1977. Part IV: Civilian population, Section III, Chapter
III—Journalists, Commentary at para 2. This is an interesting
point given the proclivity of Special Forces soldiers to wear a
hybrid of military and civilian outdoor clothing, and the tendency
of some journalists to do likewise.
7. Article 51,
Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed
Conflicts (Protocol I), 8 June 1977.
8. Alexandre
Balguy-Gallois, “The Protection of Journalists and News Media
Personnel in Armed Conflict,” International Review of the Red
Cross, March 2004, pp. 37-68.
9. Department of
Defense, Office of General Counsel, “An Assessment of
International Legal Issues in Information Operations,” May 1999,
pp. 6-9, http://www.au.af.mil/au/awc/awcgate/dod-io-legal/dod-io-legal.pdf.
10. US Department of
the Army, Public Affairs Tactics, Techniques and Procedures,
Field Manual 3-61.1 (Washington: GPO, 1 October 2000), ch. 9,
“Information Operations,” http://www.globalsecurity.org/military/library/policy/army/fm/3-61-1/.
11. Ibid., para 9-18.
12. US Department of
the Army, Information Operations: Doctrine, Tactics, Techniques,
and Procedures, Field Manual 3-13 (FM 100-6) (Washington: GPO,
November 2003), para. 4-4.
13. Ibid.,
para. 4-60.
14. Ibid., box inset.
15. Walter Cronkite,
Reuters report, 22 April 2003.
16. Project for
Excellence in Journalism, “Embedded Reporters: What Are Americans
Getting?” April 2003, http://www.journalism.org/resources/research/reports/war/embed/default.asp.
17. Chief of the
General Staff, General Sir Mike Jackson, Ministry of Defence Press
Conference, London, 28 March 2003.
18. George Wilson, National
Journal, interview with PBS, 22 April 2003.
19. US CENTCOM
briefing transcript, 27 March 2003, Release No. 03-03-70, http://www.centcom.mil/CENTCOMNews/News_Release.asp?NewsRelease=20030370.txt.
20. Peters.
21. Wesley K. Clark, Waging
Modern War (New York: Public Affairs, 2001), p. 251.
22. BBC News,
“‘Friendly Fire’ Hits Kurdish Convoy,” 6 April 2003, http://news.bbc.co.uk/1/hi/world/middle_east/2921743.stm.
23. “Missing ITN
Crew May Have Come Under ‘Friendly Fire,’” The Guardian,
23 March 2003, http://www.guardian.co.uk/Iraq/Story/0,2763,919832,00.html.
24. BBC News, “Al
Jazeera ‘Hit by Missile,”’ 8 April 2003, http://news.bbc.co.uk/1/hi/world/middle_east/2927527.stm.
25. Dominic Timms,
“War Toll Rises to 51,” The Guardian, 27 August 2004.
26. Ciar Byrne,
“Iraq: The Most Dangerous War for Journalists,” The Guardian,
9 April 2003.
Kenneth Payne is a BBC
news producer with an academic and professional background in
defense issues. He holds a Ph.D. in US foreign policy and has
completed a NATO Research Fellowship. Before joining the BBC he ran
the European Security program at the Royal United Services Institute
for Defence Studies, Britain’s leading defense institute. Within
the BBC, he specializes in defense, security, and intelligence
issues.
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