Armed Conflicts and the Media: An Assessment of the Protection of War Correspondents (Journalists) in the Underway Anglophone Cameroon Armed Conflicts

Armed Conflicts and the Media: An Assessment of the Protection of War Correspondents (Journalists) in the Underway Anglophone Cameroon Armed Conflicts

Kwebe  Augustine Nkwiyir

Ph.D. Research Student and Lecturer in Law, University of Buea, Cameroon 

DOI: https://dx.doi.org/10.47772/IJRISS.2025.9010085

Received: 05 January 2025; Accepted: 09 January 2025; Published: 03 February 2025

ABSTRACT

The protection and enjoyment of rights of war correspondence in Cameroon is of utmost importance. War correspondents (journalists reporting in armed conflicts) play a crucial role in documenting armed conflicts, but they face significant risks. This article examines the protection of war correspondents (journalists reporting in armed conflicts) in armed conflict, using the Cameroon armed conflict as a case study, giving possible recommendations geared at enhancing the protection mechanisms, analyze international humanitarian law, human rights law, and national legislation to identify gaps in protection. The study uses a qualitative research methodology, employing primary data sources from vital conventions like the Geneva Conventions of 1949, Additional Protocol I & II of the Geneva Conventions of 1949, Universal Declaration of Human Rights, and host of other conventions. Secondary data came from textbooks, journal articles, reports, and newspapers. The study is underpinned or anchored by the triple-pronged theory. The findings in the study reveals unequivocally that the protection of war correspondents (journalists reporting in armed conflicts) in the Anglophone Cameroon armed conflict needs safeguard enhancement, including improvement in training, protective gear, and investigation into attacks on journalists, either directly or indirectly. As a corollary, there is need therefore to reinforce and put punitive measures geared at ensuring that violators are punished and above all, that war correspondents (journalists reporting in armed conflicts) are adequately protected.

Keywords: Armed Conflicts, Journalists, Protection, Media, War Correspondence.

INTRODUCTION

War correspondents fall into the ill-defined category of “persons who accompany the armed forces without actually being members thereof.” Since they are not part of the armed forces, they enjoy civilian status and the protection derived from that status. War correspondents risk their lives to report on armed conflicts, providing critical information to the public. However, they face threats, intimidation, and violence. The Cameroon armed conflict, ongoing since 2016, has seen numerous attacks on journalists. This article assesses the protection of war correspondents in this context. Moreover, since they are, in a manner of speaking, associated with the war effort, they are entitled to the status of prisoners of war when they fall into the hands of the enemy, provided they have been duly authorized to accompany the armed forces. Article 79[1] formally states that journalists engaged in dangerous professional missions in zones of armed conflicts are civilians within the meaning of Article 50(1)[2]. As such, they enjoy the full scope of protection granted to civilians under international humanitarian law. Journalists are thus protected both against the effects of hostilities and against arbitrary measures taken by a party to the conflict when they fall into that party’s hands, either by being captured or being arrested. War reporting is inherently dangerous. Indeed, it could arguably be one of the most dangerous occupations in the world. Still, out of sense of professional duty, many journalists and media professionals make the courageous choice to go to conflict zones, so as to tell the world about the stories of armed conflicts and the human costs they entail. Amidst the so-called ‘fog of war’, they play a vital role in keeping the world informed and ensuring that our responses are based on the facts and truths unfolding on the ground.[3]  Despite the availability of international Conventions like the Four Geneva Conventions, the Additional Protocols to the Geneva Conventions, human rights instruments and a host of other instruments, fundamental principles, declarations under international law that guarantees the protection of war correspondents in armed conflicts, the violation and the abuse of the rights of war correspondents in the Cameroon armed conflicts remains abysmal and atrocious. This article therefore, comes in to reemphasize on the importance of protecting war correspondents in armed conflicts and also sets out to assess or examine the role of Cameroon in the protection of war correspondents in armed conflicts as a state under international law alongside the challenges faced in protecting and curbing the violation of the rights of war correspondents in armed conflicts while suggesting long lasting remedies to the challenges thereof. The Cameroon armed conflicts is still ongoing.[4]

CONCEPTUAL CLARIFICATIONS

The Anglophone Cameroon armed conflict has its roots in the country’s colonial past. Cameroon was colonized by Germany, but after World War I, it was divided between France and Britain.[5] The French-speaking region gained independence in 1960, while the English-speaking region gained independence in 1960, while the English-speaking region joined Cameroon in 1961.[6] Tensions between the Anglophone and Francophone populations began to rise in the 1990s, with Anglophones feeling marginalized and excluded from power.[7] In 2006, protests broke out in the Anglophone regions, led by lawyers, teachers, and students demanding greater autonomy and recognition of their rights.[8] The protesters demanded greater autonomy and recognition of their rights, including the use of English in courts and schools. The protests were sparked by a series of grievances, including: the imposition of French language and culture in Anglophone regions, underrepresentation of Anglophones in government and civil service, the lack of economic development and infrastructure in Anglophone regions. The government’s response to the protests was heavy-handed, leading to widespread human rights abuses and the radicalization of some Anglophone groups.[9]  More so, the Anglophone Cameroon armed conflict is a political conflict that emerged from legal and educational grievances in 2016 and escalated into a secessionist movement, the conflict is rooted in Cameroon’s troubled colonial history and marginalization of the Anglophone minority[10] and the conflict escalated into an armed secessionist movement in 2018, with the Ambazonia republic declaring independence.[11] The imposition of French language and economic exploitation, neglect of Anglophone regions fueled tensions[12] and the Anglophones felt marginalized in education, law and in government.[13] The Anglophones feel excluded from political power and decision-making processes.[14] The conflict has led to a humanitarian crisis, with reports of human rights abuses, displacement, violence and the conflict is seen as one with a complex emergency, with multiple factors contributing to the crisis, including political instability, conflict, social inequities, violence and underlying poverty.[15] The conflict between government forces and separatist groups in Cameroon’s Anglophone regions has resulted in significant human suffering. Journalists have been targeted, with at least 10 killed, 20 arrested, and many more threatened or forced into exile; more so, journalists have been caught in the crossfire, facing abuse and violence from both government forces and separatist groups.[16] In 2019, journalist Samuel Wazizi, a Cameroonian journalist died in detention after being arrested for reporting on the conflict; Mancho Bibixy, a Cameroonian activist was arrested in 2017 and charged with terrorism and secession; Mimi Mefo[17] was arrested in 2018 and charged with spreading false information and terrorism; Boris Esono Nwenfor was killed in 2020 in the course of reporting on the conflict; Arison Tamfu, Hans Achomba, Nfor Hanson Nchanji, Kingsley Betek, and Pius Njawe are all Cameroonian journalists who were detained for several months for reporting on the conflict.[18]

War Correspondent(s)

War correspondents play a vital role in documenting armed conflicts, providing critical information to the public. However, they face significant risks, including threats, intimidation, violence, and even death. Ensuring their protection is essential for the free flow of information and accountability.

Definition of a War Correspondent

A war correspondent is a journalist who reports on military conflicts and wars, often from the front lines.[19] War correspondents are journalists who cover military conflicts, providing firsthand accounts of battles, strategies, and human experiences.[20] War correspondents are journalists who report on wars and military conflicts, often taking great risks to provide eyewitness accounts of events.[21] More so, War correspondents are journalists who cover military conflicts, providing news and information to the public, while often facing danger and uncertainty.[22] They are specialized journalists who report on military conflicts, wars, and other crises, often from the frontlines or embedded with military units.[23] War correspondents are representatives of the media who, in case of an international armed conflict, are accredited to and accompany the armed forces without being members thereof[24] and should they fall into the power of the enemy, they benefit from prisoner of war status under Article 4(A)(4) of Geneva Convention III.[25] Journalists, whether employed by their media or free-lance, are normally not considered war correspondents. Article 79 of Additional Protocol I 1977 to the Geneva Conventions, defines war correspondents as, journalists who accompany the armed forces without being members of the armed forces.[26] This definition emphasizes that war correspondents are civilians who report on armed conflicts, but are not part of the military forces involved.

Types of War Correspondents

The term war correspondents and journalists are often used interchangeably but they have a slim or thin difference in terms of responsibility or role. The term “journalist” refers to persons who are regularly or professionally engaged in the collection, processing and dissemination of information to the general public via any means of mass communication, including cameramen and photographers, technical supporting staff, drivers and interpreters, editors, translators, publishers, broadcasters, printers and distributors.[27] More so, a “journalist” can be defined as “any correspondent, reporter, photographer, and their technical film, radio, and television assistants that are ordinarily engaged in any of these activities as their principal occupation”.[28]  It is important and necessary to distinguish the types of journalists who operate in armed conflicts. This distinction is significant because, under international humanitarian law, the status of a person determines the standards of treatment and protection to which they are entitled. The types of occupational journalism, as recognized by IHL are:

1. Independent journalists
2. War correspondents
3. ‘Embedded’ journalists[29]

Independent Journalist

Independent journalists are those who work independently as freelancers, stringers or part of a media organization, and are not authorized to accompany the armed forces. The status of this type of journalist is that of a civilian, so they are not entitled to the status of Prisoners of War (POW) upon capture by the armed forces.[30]

War Correspondents

War correspondents, on the other hand, are the special type of journalists who are accredited to the armed forces. This type of journalists obtains Prisoner of War (POW) status upon capture by belligerent forces. War correspondents are specialized journalists who are present, with the authorization and under the protection of the armed forces of a belligerent, on the theatre of operations and whose mission is to provide information on events relating to ongoing hostilities.[31] An individual who, for any period of time, report (or investigate for the purposes of reporting) from a conflict zone on issues relating to the conflict is called a war correspondent.[32] Therefore, this type of journalist is officially authorized by the government and accredited by the military. However, it doesn’t imply that war correspondents are combatants under international humanitarian law just because they are treated as Prisoners of War (POW) upon their capture.[33] Historically, the sole status of war correspondent was defined by the Third Geneva Convention of 1949, Relative to the Treatment of Prisoners of War[34] and reiterated in point1977 Additional Protocol I to the Geneva Convention 1949.[35]

Embedded Journalists

 An embedded journalist is a journalist who stays with a unit of the armed forces during a war in order to report directly about the fighting.[36] The practice of “embedding” journalists with armed forces has been a source of some controversy in conflicts since the 1990- 1991 Gulf War.[37] In that conflict, around 14,000 journalists were placed in “press pools” by the U.S. Department of Defense, thus regulating their access to the battlefield.[38] Embedded journalism is the practice of placing journalists within and under the control of one side’s military during an armed conflict.[39] Embedded reporters and photographers are attached to a specific military unit and permitted to accompany troops into combat zones, embedded journalism was introduced by the U.S Department of Defense during the Iraq War (2003-11) as a strategic response to criticisms about the low level of access granted to reporters during the Persian Gulf War (1990-91) and the early years of the Afghanistan War (which began in 2001).[40]

METHODOLOGY

This study adopts a qualitative research methodology.[41] Qualitative research methodology is primarily exploratory that is, it is used to gain an understanding of underlying reasons, opinions and motivations.[42] The reason why the researcher has chosen qualitative research methodology[43] is because it enables the researcher to provide rigorous exposition, analysis, evaluation of legal policies in the protection of journalists in armed conflicts and also to help attain the research’s objectives. This form of research makes use of non-statistical data, that is, it produces findings not arrived at by means of statistical procedures or other means of quantification and also, it attempts to understand behavior and institutions by getting to know the persons involved and other values, rituals, lives, beliefs, and emotions.

Primary, and secondary sources of data have been used in this research. Primary sources of legal information[44] are the sources which provide the information in its original form and they contain a wealth of first-hand and in-depth information on a particular point.[45] Primary sources are  first-hand documents that provide direct evidence on your topic.[46] In legal research, primary sources includes: treaties, international conventions, United, Nations documents, decisions of international courts (e.g., ICC, ICJ) for International Sources; Constitutions, Statutes (laws passed by legislatures), regulations (administrative laws), Court decisions (judicial precedents), government reports for national source.[47] The researcher has used the Geneva Conventions and its additional protocols principally as one of the key primary sources in this study and a host others. Secondary sources are interpretations and evaluations of primary sources.[48] Secondary sources are not evidence, but rather commentary on and discussion of evidence; secondary sources of information furnish the information derived from primary sources for example, they include: legal commentaries, scholarly articles, textbooks, Law reviews, journals, legal dictionaries, textbooks, treatises, commentaries on statutes, abstracts, bibliographies, dictionaries, encyclopedias, review, just to mention but few. This research has used these sources in this study.

THEORETICAL FRAMEWORK

To achieve the aim of this study, the research is grounded wholly on the triple-pronged theory. The triple-pronged theory was postulated by Henry Shue[49] in 1980. The origin of this theory traced from the obligation of states under international human rights instruments. Triple-Pronged theory is a broad international human rights theory that analysis human rights from a tripartite perspective. For all human rights personnel, there is need to emphasize here that this is a long established theory of international human rights law which apply to all states. Scholars have asserted the triple pronged nature of states’ human rights obligations: making the duties to respect, protect and fulfill human rights.[50]

With the obligation to respect, this level of obligation requires the state to refrain from any measure that may deprive individuals of the enjoyment of their right by their own efforts that is, the state must refrain from: interfering with individual’s exercise of their basic rights; violating or depriving individuals of their basic rights; and should as well refrain from imposing unnecessary restrictions or limitations.[51]

With the obligation to protect, this level of obligation requires the state to prevent violations of human rights by third parties. The obligation to protect is normally taken to be a central function of states, which have to prevent irreparable harm from being inflicted upon members of the society.[52] This requires states: to prevent violations of rights by any individual or non-state actor; to avoid and eliminate incentives to violate rights by third parties; and to provide access to legal remedies when violations have occurred in order to prevent further deprivations.[53]

With the obligation to fulfill, this level of obligation requires the state to take measures to ensure, for persons within its jurisdiction, opportunities to obtain satisfaction of the basic needs as recognized in human rights instruments, which cannot be secured by personal efforts.[54] The implication of the responsibility to fulfill means that: states must prioritize basic needs; states must allocate resources effectively; and states must as well, ensure accountability.[55]

Although this is the key state obligation in relation to economic, social and cultural rights, the duty to fulfill also arise in respect to civil and political rights. It is clear that enforcing, for instance, the prohibition of torture (which requires, for example, the police training and preventive measures), the right to a fair trial (requires investments in courts and judges), the right to legal assistance, entails considerable cost.

The above analysis demonstrates that there is little difference in the nature of state obligations in regards to different human rights. The three levels of obligations encompass both civil and political rights and economic, social and cultural rights, blurring the perceived distinction between them.[56] This tripartite analysis was originally developed by Henry Shue[57] and was affirmed by the Maastricht Guidelines on the violation of Economic, social and cultural rights[58] in 1997 as representing the contemporary status of international law. According to the Maastricht Guidelines, a breach by a state of any element of the tripartite duties will be violation of that state’s obligations under international human rights law.

This theory is linked to this study in that it focuses vividly on the obligations that states under the international community owe to their citizens and this study so much in connection to the study as it stresses on the protection of journalists in the Anglophone Cameroon armed conflict in the Northwest and Southwest regions of Cameroon. Both the obligation to protect, respect and fulfill are accurate in the analysis of this study.

LEGAL FRAMEWORK FOR THE PROTECTION OF WAR CORRESPONDENTS

The legal framework here, describes the commitment through legal policies and the setting up of institutions which enables the international body to build up techniques and strategies in order to ensure adequate and appropriate protection war correspondents in armed conflicts.

International Legal Framework

The international legal framework for protecting war correspondents in armed conflict constitutes a complex yet crucial web of norms, treaties, and principles aimed at safeguarding the lives and freedoms of journalists operating in the most perilous environments. Rooted in the Geneva Conventions, international humanitarian law (IHL), and human rights law, this framework seeks distinguish journalists from combatants, prohibit attacks on civilian objects, and ensure accountability for violence against media personnel. Through instruments like the Rome Statute of international criminal law and United Nations resolutions, the international community has underscored the imperative of shielding journalists from harm, recognizing their vital role in documenting conflict and promoting transparency. Despite these advances, significant gaps persist, including inconsistent national legislation, impunity for perpetrators, and inadequate protective mechanisms, underscoring the need for continued refinement and robust enforcement of international law to safeguard the lives and work of war correspondents.

International Humanitarian Law

International humanitarian law provides critical protections for journalists, or war correspondents, who risk their lives to report on armed conflicts. The Geneva Conventions and their Additional Protocols, particularly Additional Protocol I (1977), certain specific provisions safeguarding the rights and safety of journalists in conflict zones. These provisions recognize the vital role journalists play in reporting on conflicts, promoting transparency, and holding parties accountable for their actions.

The 1949 Geneva Conventions

The 1949 Geneva Conventions are comprised of four treaties[59] written in the aftermath of World War II, to which all nations have acceded. Article 4(A)(4) of the Third Geneva Convention states that among those persons guaranteed treatment as prisoners of war (POWs) are:

“persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the warfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card.”[60]

Similarly, the First and Second Geneva Conventions, governing the treatment of the sick and wounded on the battlefield and at sea respectively, extend their protections to war to war correspondents.[61] These provisions limit their protection to a specialized type of journalist called war correspondent. War correspondent receive formal authorization from a state to accompany its armed forces into conflict. Unlike other journalists, war correspondents “accredited to the armed forces command whose movements they are reporting.[62] Consequently, the Geneva Conventions require that the war correspondents receive an identity card conferring the necessary permission and as the International Committee of the Red Cross (ICRC) Commentary to the Conventions notes, the 1949 provisions male POW status dependent on military authorization to accompany armed forces, with the identity card merely serving as proof of this authorization.[63] Article 79 of Geneva Conventions 1949 protects journalists from violence, intimidation, and harassment.

Additional Protocol I

Article 79(1)(2)(3) of the 1977 Additional Protocol I[64] is the most comprehensive International Humanitarian Law treaty provision protecting journalists in armed conflicts. It provides thus:

1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50,[65] paragraph 1.
2. They shall be protected as such under the Conventions and this Protocol, provided that they take action adversely affecting their status as civilians and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4(A) (4) of the Third Convention.
3. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.

Article 79 formally states that journalists engaged in dangerous professional missions in zones of armed conflict are civilians within the meaning of article 50(1). As such, they enjoy the full scope of protection granted to civilians under international humanitarian law. Journalists are thus protected both against arbitrary measures taken by a party to the conflict when they fall into that party’s hands, either by being captured or being arrested.[66] The framers of Protocol I did not wish to create a special status for journalists, since “…any increase in the number of persons with a special status, necessarily accompanied by an increase in protective signs, tends to weaken the protective value of each protected status already accepted…” The identity card mentioned in Article 79(3) does not create a status for its holder, but merely “… attests to his status a journalists.” It is therefore unnecessary to own such a card in order to enjoy the status of civilian. Moreover, while it is true that protection measures for journalists are only codified in the case of international conflicts (Protocol I), journalists also enjoy the protection granted to civilians in non-international armed conflicts.[67]

Article 51(2) of Additional Protocol I prohibits attacks on civilians objects, including media infrastructure.

Additional Protocol II 1977 

Additional Protocol II (APII) to the Geneva Conventions of 1977 is a treaty that provides protection to victims of non-international armed conflicts. Article 13, prohibits attacks on civilians, including journalists, and provides protection from violence, torture, and cruel treatment; article 18, makes provision for the protection of humanitarian aid, including medical supplies and food, which is essential for journalists and other civilians in conflict zones.[68] Article 17(1) of Additional Protocol II 1977 prohibits the force displacement of civilians, including journalists, from their homes or communities; journalists are protected from arbitrary displacement, and any displacement must be in accordance with procedural safeguards’ article 17(2) ensures that journalists who are displaced or fleeing from hostilities are treated with dignity and respect, and are protected from violence, intimidation, and other forms of abuse.[69]

HUMAN RIGHTS LAW

Human rights law provides a framework for protecting the rights and freedoms of individuals, including journalists both in peace and in war time.

Universal Declaration of Human Rights 1948

The Universal Declaration of Human Rights 1948 is a foundational human rights instrument that sets out fundamental rights and freedoms for all individuals, including journalists. While the Universal Declaration of Human Rights 1948does not specifically address the protection of journalists in armed conflicts primarily, its provisions on freedom of expression, liberty, and torture, are crucial for safeguarding journalists’ rights in armed conflicts. Article 19 protects freedom of information,[70] which includes the freedom to seek, receive, and impart information and ideas of all kinds. This provision enables journalists to report on armed conflicts without fear of censorship or retribution. Article 9 prohibits arbitrary detention and ensures that any detention is in accordance with procedural safeguards. Article 5 on the other hand, prohibits torture and cruel, inhumane, and degrading treatment or punishment. This provision protects journalists from being subjected to torture or other forms of ill-treatment while in detention or captivity.

Cameroon has ratified the Universal Declaration of Human Rights’ parent treaty, the International Covenant on Civil and Political Rights (ICCPR), in 1984. While the UDHR is not a treaty per se, Cameroon’s ratification of the International Covenant on Civil and Political Rights implies an obligation to respect and protect the rights enshrined in the UDHR, including those relevant to journalists. More so, Cameroon’s ratification of the International Covenant on Civil and Political Rights in 1984 implies that the country has committed to upholding the principles of freedom of expression, liberty, and security of person, and protection from arbitrary detention, torture and cruel treatment. However, Cameroon’s implementation of these provisions has been inconsistent, particularly in the context of the underway Anglophone crisis, where journalists have faced harassment, intimidation, and detention. The Universal Declaration of Human Rights 1948, provides essential protections for journalists in armed conflicts, including freedom of expression, liberty, and security of person, and protection from arbitrary detention, torture, and cruel inhumane treatment.

International Covenant on Civil and Political Rights 1966

The International Covenant on Civil and Political Rights (ICCPR) 1966 is a foundational human rights treaty that protects the rights and freedoms of individuals, including journalists. In situations of armed conflict, journalists play a crucial role in reporting on human rights abuses and promoting transparency and accountability.

Article 19 guarantees freedom of expression. The International Covenant on Civil and Political Rights (ICCPR) 1966 protects journalists’ rights to freedom of expression, which is essential for their work in reporting on armed conflicts. Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) 1966 guarantees the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds.[71] This provision enables journalists to report on armed conflicts without fear of censorship or retribution.[72] Looking at protection from arbitrary detention, journalists in armed conflicts zones face arbitrary detention and imprisonment and as corollary, article 9 of the International Covenant on Civil and Political Rights 1966[73] protects individuals, including journalists, from arbitrary detention and ensures that any detention is in accordance with procedural safeguards. This provision is crucial in preventing the harassment and intimidation of journalists in armed conflict zones. The International Covenant on Civil and Political Rights 1966 protects the right to life, which is fundamental for journalists reporting in armed conflict zones. Article 6 of the International Covenant on Civil and Political Rights 1966[74] guarantees the right to life. This provision is essential in preventing the killing of journalists in armed conflicts.

 The International Covenant on Civil and Political Rights 1966 provides essential protections for journalists in armed conflict zones, including freedom of expression, protection from arbitrary detention, and the right to life. These provisions are particularly relevant in the context of the armed conflicts in Cameroon, where journalists have faced significant human rights abuses.  The Cameroonian government forces and other parties to the armed conflict must respect and protect the rights of journalists, as guaranteed by the International Covenant on Civil and Political Rights 1966.

INTERNATIONAL CRIMINAL LAW

International criminal law is a branch of international law that deals with the prosecution and punishment of individuals who commit international crimes, such as war crimes, crimes against humanity, genocide, and aggression.[75] International criminal law aims to hold individuals accountable for their actions, promote justice, and prevent future atrocities. Journalists play a crucial role in reporting on armed conflicts, exposing human rights abuses, and holding those in power accountable. However, they often face significant risks, including violence, intimidation, and detention.[76]

Rome Statute of the International Criminal Court 1998

The Rome Statute of the International Criminal Court (1998) provides protection for journalists in armed conflicts through several provisions. Article 8(2)(b)(xxii) criminalizes attacks on journalists, that is, intentionally directing attacks against civilians, including journalists, is considered a war crime.[77] Intentionally directing attacks against personnel, installations, materials, units, or vehicles involved in humanitarian assistance, including journalists, is also a war crime.[78] Murder, extermination, or persecution of journalists is considered as crimes against humanity if committed as part of a widespread or systematic attack against a civilian population.[79] More so, other inhumane acts, such as torture or enforced disappearance of journalists, are also considered crimes against humanity.[80] Attacks on civilians, including journalists who are not taking an active part in the hostilities are prohibited,[81] and attacking or bombarding by whatever means, towns, villages, dwellings, or buildings which are undefended and which are not military objectives, including where journalists may be present are prohibited.[82]

The Rome Statute of the International Criminal Court provides significant protection for journalists in armed conflict. By criminalizing attacks against civilians, including journalists, and prohibiting war crimes and crimes against humanity, the statute aims to hold perpetrators accountable and provide justice for victims.

UNITED NATIONS RESOLUTIONS

The United Nations (UN) has played a crucial role in promoting the protection of journalists in armed conflict through various resolutions. These resolutions provide a legal framework for states to ensure the safety and security of journalists reporting in conflict zones. United Nations resolutions are formal expressions of the opinion or will of United Nations organs. They generally, but not invariably, consist of two clearly defined parts: a preamble and an operative part. The preamble generally recites the considerations on the basis of which action is taken, an opinion expressed, or a directive given. The operative part states the opinion of the organ or the action to be taken. The term “decision” is used to designate formal decisions, other than resolutions, dealing with non-substantive or routine matters such as elections, appointments, the time and place of meetings and the taking note of reports.[83] They are sometimes used also to record the adoption of a text representing the consensus of the members of a given organ on a question. The United Nations General Assembly (UNGA) and the United Nations Security Council (UNSC) are permitted by the United Nations Charter to issue a variety of resolutions. These resolutions that they issue, have varying legal effects on member countries. Some of these resolutions don’t only have the force of law but are legally binding under international law especially those that are sanction-oriented,[84] for example, United Nations Security Council resolutions.

The United Nations Security Council Resolution 1738 of 2006 condemns attacks on journalists and media personnel and associated personnel, calling for states to ensure accountability for such attacks.[85] The Council urges all parties concerned to respect the professional independence and rights of journalists, media professionals and associated personnel based on accountability, the Council calls upon all states to investigate and prosecute crimes against journalists, media professionals and associated personnel.[86]

The United Nations General Assembly Resolution 68/163 (2013) urges states to protect journalists and media workers. The resolution urges states to take all appropriate measures to ensure the protection of journalists and media workers, including by investigating and prosecuting crimes committed against them; the resolution reminds states of their obligations under international humanitarian law to respect and protect journalists and media workers in armed conflicts;[87] the resolution also calls upon states to ensure that those responsible for crimes committed against journalists and media workers are held accountable; and the resolution urges states to promote a safe and enabling environment for journalists and media workers to perform their work independently and without undue interference.[88]

By condemning attacks on journalists and media personnel, urging respect for their rights, and calling for accountability, the United Nations Security Council Resolution 1738 aims to promote the protection of journalists in conflict situations.[89]

OTHER INTERNATIONAL INSTRUMENTS

Other international instruments also protect journalists in armed conflicts. Some of these instruments are declarations, not legally binding per se but gives adequate information that inspires the protection of journalists in armed conflict.

UNESCO Declaration of Windhoek 1991

 The declaration emphasizes on the importance of a free and independent press in promoting democracy, economic development, and human rights.[90] The declaration calls on governments to ensures the safety and security of journalists, particularly in situations of conflict.[91] The declaration stresses the importance of media independence and pluralism, and calls on governments to respect the editorial independence of the media.[92]

REGIONAL LEGAL FRAMEWORK

The protection of journalists in armed conflict is a pressing concern that requires a robust regional framework. In recent years, journalists have faced increasing risks and vulnerabilities while reporting from conflict zones, including kidnapping, torture, and extrajudicial killings. In response, regional organizations such as the African Commission on Human and Peoples’ Rights, have developed guidelines, declarations, and conventions aimed at protecting journalists in armed conflict. These regional frameworks complement international humanitarian law and human rights law, providing an additional layer of protection for journalists operating in conflicts zones.

African Charter on Human and Peoples’ Rights 1981

The African Charter on Human and Peoples’ Rights (ACHPR), adopted in 1981 and entered into force in 1986, is a regional human rights instrument that aims to promote and protect human rights in Africa. The Charter’s provisions are particularly relevant in the context of human rights entirely but also reflects the context of armed conflict too, where journalists often face significant risks and vulnerabilities. The Charter contains several provisions that are relevant to the protection of journalists in armed conflict. Article 9(1), for example, guarantees the right to freedom of expression, which is essential for journalists to carry out their work. The article states that, “every individual shall have the right to express and disseminate his opinions within the law”.[93] Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives.[94] Furthermore, article 23 of the Charter, provides for the protection of journalists in situations of armed conflict. The article states that, “all peoples shall have the right to national and international peace and security”, and “state parties to the present Charter shall undertake to respect and ensure respect for international humanitarian law applicable in armed conflicts”.[95]

Cameroon ratified the African Charter on Human and Peoples’ Rights on June 20^th, 1989 and by this ratification, Cameroon has expressed her consent willingly to respect the provisions of the African Charter of Human and Peoples’ Rights 1981. The Banjul Charter provides a robust framework for the protection of journalists in armed conflict. The Charter’s provisions on freedom of expression, participation in the free flow of information and ideas, and protection in situations of armed conflict are particularly relevant. As Frans Viljoen notes, “the African Charter has played a significant role in promoting and protecting human rights in Africa, including the rights of journalists”.[96]

African Union’s Declaration of Principles on Freedom of Expression 2002

The African Union’s Declaration of Principles on Freedom of Expression 2002 is a landmark document that reaffirms the importance of freedom of expression in Africa. The declaration is particularly significant for journalists, who often face threats and violence while reporting on armed conflicts. States shall guarantee the safety and security of journalists and other media practitioners.[97] States shall take effective measures to prevent and punish attacks against journalists and other media practitioners.[98] States shall ensure that journalists and other media practitioners are not subject to violence, intimidation or harassment in the course of their work.[99] Furthermore, states shall ensure that the public has access to information held by the state; states shall ensure that the public has access to information relating to the state’s activities, including information relating to human rights, the environment, and public health; states shall ensure that the public has access to information held by other public or private bodies that receive public funds or perform public functions and; states shall ensure that the right to access to information is not limited by the state or other public or private bodies, except where such limitation is necessary and proportionate in a democratic society.[100] Article 6(1-4) of the African Union’s Declaration of Principles on Freedom of Expression 2002 aims to ensure public access to information, promote transparency, and hold governments accountable atrocious acts committed against journalists in the course of rendering their services.[101]

Additionally, article 9 of the declaration emphasizes on the importance of protecting journalists’ sources and confidentiality of journalists.[102] This article 9 provides thus: “States shall protect the confidentiality of journalists’ sources and shall not compel journalists to disclose their sources”.[103] This provision is essential for journalists, who often rely on confidential sources to report on sensitive topics, including armed conflicts.

The African Union’s Declaration of Principles on Freedom of Expression (2002) provides robust protection for journalists in armed conflict. The declaration emphasizes the importance of protecting journalists from violence, intimidation, and harassment, and recognizes the importance of access to information during armed conflicts.

Regarding Cameroon, it is a member state of the African Union and has signed and ratified several AU treaties and declarations, including the African Charter on Human and Peoples’ Rights. However, I couldn’t find any specific information on whether Cameroon has signed or ratified the African Union’s Declaration of Principles on Freedom of Expression (2002).

ECOWAS (Economic Community of West African States) Treaty 1975

The Economic Community of West African States (ECOWAS) Treaty of 1975 is a significant regional agreement that aims to promote economic integration and cooperation among West African states. While the treaty primarily focuses on economic aspects, it also touches on issues related to human rights, including the protection of journalists in armed conflict.[104] Although the ECOWAS Treaty of 1975 does not explicitly address the protection of journalists in armed conflict, it establishes a framework for promoting human rights and the rule of law in the region. Article 1 of the treaty emphasizes the importance of promoting economic integration, but also acknowledges the need to respect human rights and fundamental freedoms.[105] In terms of protecting journalists, the treaty’s emphasis on promoting human rights and the rule of law can be seen as a foundation for safeguarding the rights of journalists and media practitioners. However, it is essential to note that the treaty does not provide specific provisions or mechanisms for protecting journalists in armed conflict.[106]

Regarding Cameroon, it is not a signatory to the ECOWAS Treaty of 1975, as it is a Central African country and not a member of the Economic Community of West African States (ECOWAS).

In conclusion, while the ECOWAS Treaty of 1975 provides a framework for promoting human rights and the rule of law, it does not offer explicit protection for journalists in armed conflict. As Cameroon is not a signatory to the treaty, it is not bound by its provisions but because the provisions have gained the status of customary international law, Cameroon can emulate and protect journalists in armed conflicts.

African Commission on Human Rights Resolution 185 2014 condemns attacks on journalists

NATIONAL LEGAL FRAMEWORK

Cameroon’s national legal framework provides a foundation for the protection of journalists. Each of the laws have been examined seriatim.

Law No. 90/021 of 29 December 1990 on Freedom of Communication

Law No. 90/021 of 29 December 1990 on freedom of communication is a Cameroonian law that aims to protect the rights of journalists and promote freedom of expression. While the law does not explicitly address the protection of journalists in armed conflicts, it provides a framework for safeguarding the rights of journalists and media practitioners. Article 1 of the law guarantees freedom of communication, including the freedom to receive and impart information.[107] This provision is essential for journalists, who rely on their ability to gather and disseminate information to perform their duties.[108] Article 15 of the law prohibits censorship and guarantees the freedom to publish and broadcast. This provision protects journalists from government interference and censorship, which is crucial in armed conflict situations where governments may seek to control the narrative.[109]Article 25 of the law provides for the protection of journalists’ sources and confidentiality. This provision is vital for journalist who rely on confidential sources to report on sensitive topics, including armed conflicts.

While Law No. 90/021 of 29 December 1990 on freedom of communication does not explicitly address the protection of journalists in armed conflicts, it provides a framework for safeguarding the rights of journalists and media practitioners. The law’s provisions on freedom of communication, prohibition of censorship, and protection of journalists’ sources and confidentiality are essential for protecting journalists in armed conflict situations.

Law No.2006/011 of 29 December 2006 on the Status of Journalists

Law No.2006/011 of 29 December 2006 on the Status of Journalists in Cameroon is a legislation that aims to establish the professional status of journalists and provide protections for their rights and freedoms. Although the law does not entirely focus on the protection of journalists in armed conflicts, it contains provisions that can be applied to safeguard journalists in such situations.

Article1 of the law guarantees the protection of journalists’ and establishes their rights and freedoms, including the freedom to receive and impart information.[110] This provision is essential for journalists who rely on their ability to gather and disseminate information to perform their duties. Article 4 on the other hand, guarantees the protection of journalists’ sources and confidentiality.[111] This provision is vital for journalists who rely on confidential sources to report on sensitive topics, including armed conflicts. Article 13 of the law prohibits the arbitrary arrest and detention of journalists.[112] This provision is crucial for protecting journalists from harassment and intimidation, which can be prevalent in armed conflict situations.

In summation, while Law No.2006/011 of 29 December 2006 on the Status of Journalists in Cameroon does not specifically address the protection of journalists in armed conflicts, it contains key provisions that can be applied to safeguard journalists’ rights in such situations. The law’s provisions on the freedom to receive and impart information, protection of sources and confidentiality, and prohibition of arbitrary arrest and detention are essential for protecting journalists in armed conflict situations.[113]

Law No. 99/014 of 22 December 1999 on the Press

Law No. 99/014 of 22 December 1999 on the Press in Cameroon is a legislation that regulates the press sector and provides a framework for the operation of media outlets in the country. While the law aims basically to promote a free and independent press, it also contains provisions that can impact the protection of journalists in armed conflicts. The law establishes the freedom of the press and the right to information, which are essential for journalists to perform their duties.[114] More so, prohibits the censorship of newspapers and publications, ensuring that journalists can report on sensitive topics without fear of reprisal.[115]

In conclusion, Law No. 99/014 of 22 December 1999 on the Press in Cameroon contains provisions that can impact the protection of journalists in armed conflicts. While the law promotes press freedom and the right to information, it also provides safeguards for journalists, such as the protection of sources and confidentiality.[116] However, the effectiveness of these provisions in application depends on their implementation and enforcement by the relevant authorities.

EFFECTIVENESS AND THE CHALLENGES OF THE PROTECTION OF JOPURNALISTS IN THE ANGLOPHONE CAMEROON ARMED CONFLICTS

The protection of journalists in Cameroon remains a pressing concern, particularly in the context of the ongoing Anglophone conflict. Despite the existence of laws both at the international, regional, and at the national level, the reality on the ground paints a different picture. Based on reports from reputable organizations like the Committee to Protect Journalists (CPJ), Amnesty International[117] and host of many, Cameroonian journalists continue to face harassment, intimidation, and violence, particularly when reporting on sensitive topics like the conflict in the Northwest and Southwest regions of Cameroon.[118] The use mobile phones and social media has also become a double-edged sword, allowing journalists to disseminate information quickly and widely, but also making them at the same time, very vulnerable to surveillance, online harassment, and digital attacks. As scholars like Chris Paterson and Lee Wilkins have noted, the protection of journalists in conflict zones like Cameroon requires a nuanced understanding of the complex interplay between technology, politics, and violence, and the development of effective strategies to mitigate these risks and ensure the safety of journalists.[119]

Effectiveness

Despite the existence of laws and regulations aimed at safeguarding press freedom, the reality on the ground paints a different picture. The Cameroonian government has ratified several international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR), and a host of many which guarantee the right to freedom of expression and protection of journalists. However, the effectiveness of these laws in protecting journalists has been severely criticized, with many arguing that they have failed to prevent the arrest and detention, killing and injuries, and technological challenges faced by journalists in the Anglophone region.[120] This criticism is not unfounded, as the government’s actions have often been at odds with the principles of press freedom and protection of journalists, highlighting the need for a more robust and effective framework to safeguard the rights of media professionals in the region.[121]

Arbitrary Arrests and Detentions

The effectiveness of journalist protection in the Anglophone Cameroon armed conflict can be demonstrated through several examples. Journalists have been arrested, detained, and even tortured for reporting on the conflict. For instance, in 2019, journalist Samuel Wazizi was arrested and detained by the Cameroonian authorities for allegedly supporting the separatist movement.[122] He was later charged with terrorism and propaganda, and his whereabouts remain unknown. This incident highlights the risks faced by journalists who report on the conflict and the need for more effective protection mechanisms.[123] Mancho Bibixy, a Cameroonian activist/journalist was arrested in 2017 and charged with terrorism and secession; Mimi Mefo[124] was arrested in 2018 and charged with spreading false information and terrorism; Boris Esono Nwenfor was killed in 2020 in the course of reporting on the conflict; Arison Tamfu, Hans Achomba, Nfor Hanson Nchanji, Kingsley Betek, and Pius Njawe are all Cameroonian journalists who were detained for several months for reporting on the conflict.[125]

Killings and Injuries

Journalists have also been killed or injured while reporting on the conflict. In 2020, journalist Zogo Jean-Marie was killed in a crossfire between government forces and separatist fighters in the town of Muyuka.[126] This incident demonstrates the dangers faced by journalists who report on the conflict and the need for more effective protection mechanisms.

Technological Challenges

The use of technology has also posed significant challenges for journalist protection in the Anglophone Cameroon armed conflict. Social media platforms have been used to disseminate hate speech and propaganda, which has contributed to the escalation of violence against journalists. For example, in 2019, a Facebook post by a separatist group called for the killing of journalists who were perceived to be supporting the government.[127] This post was widely shared and contributed to a climate of fear and intimidation among journalists.

In conclusion, the protection of journalists in the Anglophone Cameroon armed conflict is a critical issue that requires urgent attention. Despite the existence of laws and regulations aimed at safeguarding press freedom, the reality on the ground is that journalists face significant risks and challenges in reporting on the conflict. The examples cited above demonstrate the need for more effective protection mechanisms, including the establishment of safe houses, the provision of training and equipment, and the prosecution of those responsible for attacks on journalists. Ultimately, the protection of journalists is essential for ensuring that the public has access to accurate and reliable information, and for promoting accountability and transparency in the region.

Challenges

The protection of journalists in Cameroon, particularly in the Anglophone regions, has become a pressing concern amidst the escalating armed conflict. Since 2016, the Anglophone crisis has pitted separatist fighters against government forces, resulting in a dire humanitarian situation and a stifling of press freedom. Journalists reporting on the conflict have faced numerous challenges, including arbitrary arrests, detentions, and killings, as well as technological hurdles and censorship. Despite the existence of laws and regulations aimed at safeguarding press freedom, the Cameroonian government has been criticized for its failure to effectively protect journalists and ensure their safety. As a result, many journalists have been forced to flee their homes, go into hiding, or self-censor their reporting, thereby undermining the public’s right to information and the ability of the media to hold those in power accountable. The challenges facing journalists in Anglophone Cameroon are multifaceted and require urgent attention from the government, international organizations, and civil society to ensure that the fundamental human right of freedom of expression is respected and protected.

Implementation: Weak Enforcement of International Law

One of the primary challenges in protecting journalists in Anglophone Cameroon is the issue of implementation. Despite the existence of laws and regulations aimed at safeguarding press freedom, such as the 1990 Law on Freedom of Communication and the 2006 Law on the Status of Journalists and a host of others, the government has failed blatantly to effectively implement these laws.[128] This has resulted in a lack of accountability and impunity for those who attack or harass journalists.[129] As noted by the Committee to Protect Journalists, “the Cameroonian government has a history of ignoring its own laws and international obligations to protect journalists.”[130]

Inadequate Legal Framework

Another significant challenge is the inadequate legal framework in place to protect journalists. The current laws and regulations are often vague and do not provide sufficient protection for journalists. For instance, the 1990 Law on Freedom of Communication does not explicitly prohibit the harassment or intimidation of journalists.[131] Furthermore, the law does not provide for adequate penalties for those who attack or harass journalists, which has contributed to a culture of impunity. As argued by the International Federation of Journalists, “the lack of a robust legal framework has created an environment in which journalists are vulnerable to attack and harassment.”[132]

Limited Access

Governments and armed groups may limit access to conflict zones, making it difficult for journalists to report.[133] Limited access to protective gear, such as bulletproof vests and helmets, increases journalists’ vulnerability. Journalists in Anglophone Cameroon also face significant challenges in accessing information and areas affected by the conflict. The government has imposed restrictions on movement and access to certain areas, making it difficult for journalists to report on the conflict. Additionally, the separatist fighters have also imposed restrictions on journalists, making it difficult for them to access areas under their control. As noted by the Reporters without Borders, “the restrictions on movement and access to information have made it difficult for journalists to report on the conflict and have contributed to a lack of transparency and accountability.”[134]

Harassment and Intimidation

War correspondents may face intimidation risk of injury or death from combat, shelling, or other violence.[135] War correspondents often face harassment, intimidation, and even detention by government forces, separatist groups, and other actors; they are often viewed with suspicion, leading to increased risk of violence and harassment.[136]Harassment and intimidation are also significant challenges faced by journalists in Anglophone Cameroon. Journalists have reported being harassed and intimidated by both government forces and separatist fighters.[137] This has created a climate of fear and has forced many journalists to self-censor or flee the region.[138] As argued by the Human Rights Watch, “the harassment and intimidation of journalists have contributed to a decline in press freedom and have undermined the ability of journalists to report on the conflict.”[139]

Insufficient/Limited Resources

News organizations may have limited resources to support war correspondents’ safety and security.[140] Insufficient resources, including training, equipment, and support, make it difficult for war correspondents to operate safely.[141] Journalists in Anglophone Cameroon also face significant challenges in terms of resources. Many journalists lack the necessary equipment, training, and financial resources to report on the conflict safely and effectively.[142] Additionally, the media outlets in the region often lack the resources to provide adequate support and protection to their journalists.[143] As noted by the African Press Organization, “the lack of resources has contributed to a decline in the quality of journalism and has undermined the ability of journalists to report on the conflict.”[144]

Polarized Environment

The conflict’s complex and polarized nature creates challenges for journalists to maintain impartiality and accuracy; war correspondents may face pressure from various actors to report in a particular way, comprising their independence. The conflict in Anglophone Cameroon has created a highly polarized environment, which has made it difficult for journalists to report objectively and safely.[145] Journalists have reported being targeted by both government forces and separatist fighters, who view them as biased or sympathetic to the other side.[146] As argued by the International Journal of Journalism Studies, “the polarized environment has created significant challenges for journalists, who must navigate complex and competing narratives to report on the conflict.”[147]

Technological Risks

Journalists may be targeted through cyber-attacks or have their communications intercepted.[148] Journalists in Anglophone Cameroon also face significant technological risks, including the risk of being hacked, surveilled, or targeted by malware. The government has been accused of using technology to monitor and suppress dissent, including the use of social media to spread disinformation and propaganda.[149] As noted by the Citizen Lab, ‘the technological risks faced by journalists in Anglophone Cameroon are significant and have contributed to a decline in press freedom and the ability of journalists to report on the conflict.”[150]

Logistical Challenges

Remote or dangerous locations can make it difficult for journalists to access basic necessities like food, water, and medical care.[151] Journalists in Anglophone Cameroon face significant logistical challenges, including the risk of being injured or killed while reporting on the conflict.[152] The conflict has created a humanitarian crisis, with many journalists forced to flee their homes or work in difficult and dangerous conditions. As argued by the Committee to Protect Journalists, “the logistical challenges faced by journalists in Anglophone Cameroon are significant and have contributed to a decline in press freedom and the ability of journalists to report on the conflict.”[153]

LOSS OF PROTECTION

Journalists play a crucial role in reporting on conflicts, exposing human rights abuses, and holding those in power accountable. However, when journalists are perceived as taking sides, engaging in hostile activities, or simply doing their job, they can become targets of violence, intimidation, and harassment. The loss of protection for journalists can have far-reaching consequences, including the erosion of trust in institutions, the perpetuation of impunity, and the restriction of the public’s right to know. The various instances wherein journalists can loss the protection in armed conflicts have been analyzed here seriatim.

Taking Part in Hostilities

Article 51(3) of the 1977 Additional Protocol I to the Geneva Conventions: “Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.”[154] International Committee of the Red Cross (ICRC) Customary International Humanitarian Law (CIHL) Study, Rule 6: “Civilians are protected against attack unless and for such time as they take a direct part in hostilities.”[155]

Embedding with Military Forces

While there is no specific law that prohibits embedding, the ICRC CIHL Study, Rule 6, notes that “the fact that a civilian is embedded with a party to the conflict does not in itself make him a member of that party.” However, if the embedded journalist takes part in hostilities or engages in military activities, they may lose their protection as a civilian. Engaging in propaganda activities: Article 51(2) of the 1977 Additional Protocol I: “Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”[156] ICRC CIHL Study, Rule 53: “Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”[157] Note that propaganda activities may not necessarily be prohibited, but if they incite violence or hatred, they may be considered a war crime.

Failing to Distinguish Themselves from Combatants

The principle of distinction requires that parties to a conflict distinguish between military objectives and civilians, and only attack military objectives. This principle is a cornerstone of IHL and is intended to protect civilians and civilian objects from the effects of hostilities. Article 48 of the 1977 Additional Protocol I to the Geneva Conventions, which states: “In order to ensure respect for and protection of the civilian population and civilian objects, the

Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.”[158] Article 51(2) of the 1977 Additional Protocol I, which states: “The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”[159] Article 52(2) of the 1977 Additional Protocol I, which states: “Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.”[160]

The principle of distinction is also implicit in other articles of the Geneva Conventions, such as: Article 23 of the First Geneva Convention, which prohibits attacks on medical units and personnel. Geneva Convention IV, Article 27: “Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs.”[161] Article 51(3) of the 1977 Additional Protocol I: “Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.”[162]

FINDINGS

The findings in the study reveals unequivocally that the protection of war correspondents (journalists reporting in armed conflicts) in the Anglophone Cameroon armed conflict needs safeguard enhancement, including improvement in training, protective gear, and investigation into attacks on journalists, either directly or indirectly. More so, it reveals also that there is a need to strengthen international protection, enhance national legislation, and investigate and prosecute attacks on journalists.

CONCLUSION

In conclusion, protecting journalists in armed conflicts requires a multi-faceted approach that includes strengthening international protections, enhancing national legislation, investigating and prosecuting attacks, and providing training and protective gear. By taking these steps, governments and media organizations can help to ensure the safety and security of journalists, and can promote a free and independent press.

RECOMMENDATIONS

To improve the protection of journalists in armed conflicts generally and specifically in the case of the Anglophone Cameroon armed conflicts, the following points are germane in that regards. These points have been examined seriatim.

Strengthen International Protections

Strengthening international protections for journalists in armed conflicts is crucial to ensure their safety and security. This can be achieved through the development and implementation of robust international laws and norms that protect journalists from violence and intimidation. Mindful of the fact that the United Nations (UN) have taken steps to address the issue of journalist protection through the adoption of resolutions such as UN Security Council Resolution 1738 (2006)[163] and UN General Assembly Resolution 68/163 (2013), which condemn attacks on journalists and call for their protection.[164] Also, the international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), provides protections for freedom of expression and the safety of journalists.[165] The ICCPR states that “everyone shall have the right to freedom of expression” and that “this right shall include freedom to seek, receive and impart information and ideas of all kinds.”[166]

However, despite these international protections, journalists continue to face significant risks in armed conflicts. Therefore, it is essential to strengthen international protections by developing and implementing more effective mechanisms for investigating and prosecuting attacks on journalists, as well as providing support and protection to journalists operating in conflict zones.

Enhance National Legislation

Enhancing national legislation is also critical to protecting journalists in armed conflicts. National laws and regulations can provide an additional layer of protection for journalists, and can help to ensure that those who attack or intimidate journalists are held accountable. In Cameroon, for example, the government has enacted a plethora of laws which protect journalists but however, these laws are often inadequate or poorly enforced, leaving journalists vulnerable to attack. To enhance national legislation, governments should review and revise their laws to ensure that they provide robust protections for journalists, including protections from violence, intimidation, and harassment. Governments should also ensure that their laws are consistent with international human rights standards, and that they provide effective mechanisms for investigating and prosecuting attacks on journalists.

Investigate and Prosecute Attacks

Investigating and prosecuting attacks on journalists is essential to ensuring their safety and security. When attacks on journalists go unpunished, it creates a culture of impunity that can embolden perpetrators and put more journalists at risk. In Cameroon, for example, there have been numerous cases of attacks on journalists, including the killing of journalist Samuel Wazizi in 2019, Martinez Zogo, Jean Jacque Ola Bebe, and a host of others. However, in many cases, these attacks have gone unpunished, creating a culture of impunity that puts journalists at risk. To investigate and prosecute attacks on journalists, governments should establish independent and impartial investigative mechanisms that can investigate attacks on journalists and hold perpetrators accountable. Governments should also ensure that their judicial systems are equipped to handle cases involving attacks on journalists, and that they provide effective remedies for victims and their families.

Provide Training and Protective Gear

Providing training and protective gear to journalists is also critical to ensuring their safety and security. Journalists operating in conflict zones often face significant risks, including the risk of physical harm, kidnapping, and intimidation. To mitigate these risks, journalists should receive training on safety and security, including training on how to operate in conflict zones, how to identify and respond to threats, and how to use protective gear such as helmets and bulletproof vests.

In addition to training, journalists should also have access to protective gear, including helmets, bulletproof vests, and other equipment that can help to protect them from harm. Governments and media organizations should provide this training and equipment to journalists, and should also ensure that journalists have access to medical care and other support services in case they are injured or attacked.

REFERENCES

1. Article 79 of 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
2. Ibid.
3. Isabel Dusterhoft, “The Protection of Journalists in Armed Conflicts: How can they Be Better Safeguarded?”, Utrecht Journal of International and Europe Law, Vol. 29, Issues 76, P.5, 2013, DOI
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6. Ibid.
7. Konings Piet et al, “Negotiating an Anglophone Identity in Cameroon”, Journal of African Affairs, vol. 102, No. 406, pp. 39-60, p. 40, 2003, DOI: 10.1093/afraf/adg012.
8. Ibid.
9. Human Rights Watch, “Cameroon: Anglophone Regions Gripped by Violence”, Human Rights Watch Report, vol. 20, No. 6A, pp.1-56, p. 10, 2018
10. Kwebe Augustine Nkwiyir, “Prospects and Challenges of the Protection of Humanitarian Relief  Workers in the Underway Armed Conflicts in the Northwest and Southwest Regions of Cameroon”, International Journal of Research and Innovation in Social Sciences, vol. VIII, No. IX, p. 892, 2024, DOI: 10.47772/IJRISS.2024.809078
11. Henry Ngenyam Bang et al, “Cameroon’s Anglophone Crisis: Conceptual Analysis of a Looming Complex Disaster Emergency”, Journal of International Humanitarian Action, vol.7, 2022: pp.2-25, p. 5.
12. Mukete Y, “The Political Economy of the Anglophone Crisis in Cameroon”, Journal of African Security Review, vol.26, 2020: pp.147-162, p.148.
13. Ibid.
14. Konings Piet et al, “The Anglophone Problem  in Cameroon”, Journal of African Affairs, vol.102, 2003: pp.63-83, p. 65.
15. Ibid.
16. Tatah Peter, “The Anglophone Crisis in Cameroon: A Conflict Transformation Perspective”, Journal of Conflict Transformation and Security, vol. 8, No.1, p.35, 2020
17. Mimi Mefo is a Cameroonian journalist and television presenter who has been a vocal advocate for press freedom and human rights in Cameroon. In 2018, Mimi Mefo was arrested and detained by the Cameroonian authorities for several days, allegedly for spreading false information and terrorism. Her arrest was widely condemned by human rights organizations and press freedom groups, who saw it as an attempt to silence her critical reporting. Mefo’s experiences  have highlighted the challenges faced by journalists in Cameroon, particularly those reporting on sensitive topics such as the Anglophone crisis. Despite the risks, Mefo has continued to advocate for press freedom and human rights in Cameroon.
18. Ibid.
19. Philip Knightley, The First Casualty: The War Correspondent as Hero and Myth-Maker from the Crimea to Kosovo, (Baltimore: Johns Hopkins University Press, 2004), p.4
20. Susan L. Carruthers, “The Military and the Media: A Study of War Correspondents”, Journal of Military and Veteran’s Health, vol. 19, 2011: pp. 5-11, p.5
21. Howard Tumber, “War Correspondents: The Key to Understanding Modern Warfare”, Journal of Journalism Studies, vol. 16, 2015: pp. 641-655, p. 642
22. Collen Murrell, War and the Media: A Study of War Correspondents, (New York: Peter Lang Publishing, 2010), p.2
23. Tim P. Vos et al, War Correspondent, Wiley Blackwell Press, 2018), p.1
24. Article 79 of Additional Protocol I 1977
25. Article 4(A)(4) of Geneva Convention III Relative the Treatment of Prisoners of War 1949
26. Article 79 of Additional Protocol I 1977
27. Article 2 of International Convention on the Safety and Independence of Journalists and other Media Professionals
28. Article 2(a) of the Draft United Nations Convention on the Protection of Journalists Engaged in Dangerous Missions in Areas of Armed Conflict, 1^st August 1975, UN Document A/10147, Annex I.
29. Pukar Dahal, “Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law”, Journal of Social Science and Humanities Research, Vol. 04, Issue No. 06, p. 23, 2021, 10.5281/zenodo.6860198
30. Ibid.
31. Salmon J.(dir), Dictionnaire de Droit International Public, 2001
32. The International Criminal Tribunal for the Former Yugoslavia (ICTY) defined a war correspondent in the case of: The Prosecutor v. Radoslav Brdjanin & Mmir Talic “Randal case”, 2002.
33. Ibid.
34. Article 4 of the Third Geneva Convention, Relative to the Protection of Prisoners of War (POW) 1949
35. Article 79 OF Additional Protocol I to the Geneva Conventions 1949
36. Longman Dictionary of Contemporary English
37. Ben Saul, “The International Protection of Journalists in Armed Conflict and other Violent Situations”, Australian Journal of Human Rights, Vol. 14, Issue No. 1, p. 107, 2008, DOI
38. Ibid.
39. Martin Loffelholz (2023, October 11). Embedded Journalism [online]. Available online at: https://www.britanica.com>topic.
40. Ibid.
41. Daniel J. Hessel, “The Pen and the Sword: International Humanitarian Law Protections for Journalism”, the Yale Journal of International Law, vol.41, no.2, p.419, 2016
42. Article 4(A)(4) of Geneva Convention III 1949
43. Article 15, 13(4) of Geneva Convention II 1949
44. Ibid.
45. Ibid.
46. Additional Protocol to the Geneva Conventions of 12 August 1949, and relating to the protection victims of international armed conflicts (Protocol I) 8^th June 1977
47. Article 50 paragraph 1 of Additional Protocol I 1977 provides: “A civilian is any person who does not belong to one of the categories of persons referred to in Article 4(A) (1), (2), (3) AND (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
48. Ibid.
49. Ibid.
50. Article13 and 18 of Additional Protocol II 1977
51. Article 17(2) of Additional Protocol II 1977
52. Article 19 of the Universal Declaration of Human Rights 1948
53. Article 19(2) of the International Covenant on Civil and Political Rights 1966
54. Joseph Sarah et al, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary, (Oxford: Oxford University Press, 2013), p. 548
55. Article 9 of the International Covenant on Civil and Political Rights 1966
56. Article 6 of the International Covenant on Civil and Political Rights 1966
57. Cassese Antonio, International Criminal Law, (Oxford: Oxford University Press, 2008), p. 17
58. Ibid.
59. Article 8(2)(b)(xxiv) of the Rome Statute of the International Criminal Court 1998
60. Article 8(2)(e)(iii) of the Rome Statute of the International Criminal Court 1998
61. Article 7(1)(a) of the Rome Statute of the International Criminal Court 1998
62. Article 7(1)(k) of the Rome Statute of the International Criminal Court 1998
63. Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court 1998
64. Article 8(2)(b)(xxvi) of the Rome Statute of the International Criminal Court 1998
65. Luis Acosta, “Legal Effect of United Nations Resolutions Under International and Domestic Law”, Netherlands: The Law   Library of Congress, 2015
66. Ibid.
67. Appiagyei-Atua Kofi, “The Protection of Journalists in Armed Conflict: The Role of International Humanitarian Law”, Journal of International Humanitarian Legal Studies, vol. 7, No. 1, pp. 5-32, p. 8, 2016
68. Ibid.
69. Roth Kenneth, “The Responsibility to Protect Civilians and Journalists in Armed Conflict”, Journal of Global Responsibility to Protect, vol. 4, No. 1, pp. 24-44, p. 32, 2012
70. Ibid.
71. Ibid.
72. Article 1 UNESCO Declaration of Windhoek 1991
73. Article 4 UNESCO Declaration of Windhoek 1991
74. Article 3 UNESCO Declaration of Windhoek 1991
75. Article 9(1) of the African Charter on Human and Peoples’ Rights 1981
76. Article 13(1) of the African Charter on Human and Peoples’ Rights 1981
77. Article 23(1)(2) of the African Charter on Human and Peoples’ Rights 1981
78. Frans Viljoen, International Human Rights in Africa, (Oxford: Oxford University Press, 2012), p. 221
79. Article 4(1) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002
80. Article 4(2) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002
81. Article 4(3) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002
82. Article 6(1-4) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002
83. Ibid.
84. Ibid.
85. Article 9 of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002
86. Samuel Kobina Annan Asante, “The ECOWAS Treaty: A Framework for Regional Integration in West Africa”, African Journal of International and Comparative Law, vol. 22, Issue no. 2, pp. 151-170, p. 153, 2014
87. Article 1 of the ECOWAS (Economic Community of West African States) Treaty 197
88. Ibid.
89. Article 1 of Law No. 90/021 of 29 December 1990
90. Ibid.
91. Article 1 of Law No. 90/021 of 29 December 1990
92. Article 1 of Law No.2006/011 of 29 December 2006 on the Status of Journalists
93. Article 4 of Law No.2006/011 of 29 December 2006 on the Status of Journalists
94. Article 13 of Law No.2006/011 of 29 December 2006 on the Status of Journalists
95. Ibid.
96. Article 1 of Law No. 99/014 of 22 December 1999 on the Press
97. Article 4 of Law No. 99/014 of 22 December 1999 on the Press
98. Ibid.
99. Amnesty International, “Cameroon: Anglophone Crisis Sparks Human Rights Abuses”, 2019. Available online at: https://www.amnesty.org>…(Accessd on December 19^th, 2024)
100. Ibid.
101. Chris Paterson et al, “Journalism and the Anglophone Crisis”, African Journalism Studies, vol. 39, Issue no. 2, 2018: pp.1-8, DOI: 10.1080/23743670.2018.1467453
102. Committee to Protect Journalists. (2020). “Cameroon: Journalists face harassment, intimidation, and violence”. Available online at: https://cpj.org ( Accessed on 26^th December, 2024)
103. Ibid.
104. Amnesty International, “Cameroon: Samuel Wazizi’s Whereabouts Unknown After Arrest”, 2020. Available online at: https://www.amnesty.org>cameroon:samuelwazizi’swhereaboutsunknownafterarrest (Accessed on 26^th December, 2024)
105. Samuel Wazizi, a Cameroonian journalist, was arrested on August 2, 2019, by police in Muea, and his whereabouts remained unknown for a long time. Unfortunately, it was later confirmed by the Cameroonian government that he died in detention on August 17, 2019, allegedly due to “severe sepsis”. However, his family and lawyers were not informed about his death until 10 months later, and they have raised concerns about the circumstancessurrounding his detention and death. Before his death was announced, there were reports that Wazizi was being held incommunicado, and his lawyer, Emmanuel Nkea, had filed a habeas corpus application to try to locate him. However, the court ultimately dismissed the application, citing lack of jurisdiction. It’s worth noting that Wazizi’s arrest and detention were widely condemned by human rights organizations and journalist groups, who argued that he was being targeted for his critical reporting on the government’s handling of the separatist conflict in Cameroon.
106. Mimi Mefo is a Cameroonian journalist and television presenter who has been a vocal advocate for press freedom and human rights in Cameroon. In 2018, Mimi Mefo was arrested and detained by the Cameroonian authorities for several days, allegedly for spreading false information and terrorism. Her arrest was widely condemned by human rights organizations and press freedom groups, who saw it as an attempt to silence her critical reporting. Mefo’s experiences  have highlighted the challenges faced by journalists in Cameroon, particularly those reporting on sensitive topics such as the Anglophone crisis. Despite the risks, Mefo has continued to advocate for press freedom and human rights in Cameroon.
107. Ibid.
108. Reporters Without Borders, “Cameroon: Journalist Zogo Jean-Marie Killed in Crossfire”, 2020. Available online at: https://www.refworld.org>reporterswithoutborders (Accessed on 26^th December, 2024)
109. Ambazonia Liberation Forces, “Warning to Journalists”, June 15^th 2019. Available online at: https://ambazoniagov.org (Accessed on Thursday 26^th December, 2024
110. Amnesty International, “Cameroon: Journalists Face Arbitrary Arrests and Detention”, 2020. Available online at: https://www.amnesty.org>cameroon:samuelwazizi’swhereaboutsunknownafterarrest (Accessed on 27^th December, 2024)
111. Ibid.
112. Reporters Without Borders, “Cameroon: Journalist Zogo Jean-Marie Killed in Crossfire”, 2020. Available online at: https://www.refworld.org>reporterswithoutborders (Accessed on 26^th December, 2024)
113. There is no specific law at the national level that explicitly makes vivid provision for for the protection of journalists in armed conflicts with a well-spelled punishment.
114. Ibid.
115. Palmer Launce E, “Access Restriction for War Correspondents: A Study of Journalists’ Experiences in Conflict Zones”, Journal of Conflict Studies, vol.39, Issue no. 1, pp.1-15, 2019.DOI:1022230/JCS.2019V39N1A5376
116. Ibid.
117. Tuggle C. A, “Physical Harm to War Correspondents: An Analysis of Injuries and Fatalities”, Journal of Broadcasting and Electronic Media, vol.61, Issue no. 1, pp.24-40, 2017.DOI:10.1080/08838151.2016.1273929
118. Ibid.
119. Human Rights Watch, “Cameroon: Journalists Faces Harassment and Intimidation”, 2020. Available online at: https://www.hrw.org (Accessed on December 28^th, 2024)
120. Ibid.
121. Ibid.
122. Sambrook Richard, “Limited Resources for War Correspondents’ Safety: A Study of News Organizations’ Support Mechanisms”, Journal of Journalism Studies, vol.19, Issue no. 2, 2018.DOI: 10.1080/1461670x.2017.1397539
123. Ibid.
124. African Press Organization, “Cameroon: Journalists lack Resources to Report Safely”, 2020. Available online at: https://www.gopglobe.com>project (Accessed on December 28^th, 2024)
125. International Federation of Journalists, “Cameroon: Harassment and Intimidation Undermine Press Freedom”. Available online at: https://www.ifj.org (Accessed on December 28^th, 2024)
126. Ibid.
127. Ngwang M. et al, “Reporting in a Polarized Environment: Challenges Faced by Journalists in Anglophone Cameroon”, Journal of Conflict and War Studies, vol. 20, Issue no. 1, 2020,  pp. 1-15, p.5
128. Ibid.
129. Ibid.
130. Dunn John, “Cyber Security Risks for Journalists in Conflict Zones: A Framework for Mitigation”, Journal of Cyber Security, vol.5, Issue no.1, pp.1-10, 2019.DOI:10.1093/cybsec/tyz002
131. Citizen Lab, “Technological Risks and Press Freedom in Anglophone Cameroon”. Available online at: https://www.impact.citizenlab.co (Accessed on Saturday 28^th, 2024)
132. Ibid.
133. Murrell Colleen, “Logistical Challenges for War Correspondents: A Qualitative Analysis of Journalists’ Experiences”, Journal of War and Media Studies, vol.1, Issue 1, pp.1-20, 2018.DOI:10.12896/JWMS2018.0001
134. Ibid.
135. Ibid.
136. Article 51(3) of the 1977 Additional Protocol I to the Geneva Conventions
137. Rule 6 of the Customary International Humanitarian Law (CIHL) Study
138. Article 51(2) of the 1977 Additional Protocol I 1977
139. International Committee of Red Cross ICRC and Customary International Humanitarian Law CIHL Study, Rule 53
140. Article 48 of the 1977 Additional Protocol I 1977 to the Geneva Conventions 1948
141. Article 51(2) of the 1977 Additional Protocol I 1977
142. Article 52(2) of the 1977 Additional Protocol I 1977
143. Geneva Convention IV, Article 27
144. Ibid.
145. The UN Security Council Resolution 1738 (2006) condemns attacks against journalists and other media professionals in conflict zones and situations of armed conflict.
146. Ibid.
147. Article 19 of the International Covenant on Civil and Political Rights 1966
148. Ibid.

FOOTNOTES

[1] Article 79 of 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

[2] Ibid.

[3] Isabel Dusterhoft, “The Protection of Journalists in Armed Conflicts: How can they Be Better Safeguarded?”, Utrecht Journal of International and Europe Law, Vol. 29, Issues 76, P.5, 2013, DOI

[4] Christian Pagbe Musah, “The Anglophone Crisis in Cameroon: Unmasking Government’s Implication in the Radicalization of the Crisis”, African Journal of History and Archeology, Vol. 06, No. 1, P. 32, 2022, DOI

[5] Atauchi Lucien, “The Anglophone Problem in Cameroon: A Longstanding Crisis of Identity, Representation, and Inequality”, Journal of Contemporary African Studies, vol. 35, No.2, pp. 147-164, p. 148, 2017, DOI: 10.1080/02589001.2017.1307685

[6] Ibid.

[7] Konings Piet et al, “Negotiating an Anglophone Identity in Cameroon”, Journal of African Affairs, vol. 102, No. 406, pp. 39-60, p. 40, 2003, DOI: 10.1093/afraf/adg012.

[8] Ibid.

[9] Human Rights Watch, “Cameroon: Anglophone Regions Gripped by Violence”, Human Rights Watch Report, vol. 20, No. 6A, pp.1-56, p. 10, 2018

[10] Kwebe Augustine Nkwiyir, “Prospects and Challenges of the Protection of Humanitarian Relief  Workers in the Unerway Armed Conflicts in the Northwest and Southwest Regions of Cameroon”, International Journal of Research and Innovation in Social Sciences, vol. VIII, No. IX, p. 892, 2024, DOI: 10.47772/IJRISS.2024.809078

[11] Henry Ngenyam Bang et al, “Cameroon’s Anglophone Crisis: Conceptual Analysis of a Looming Complex Disaster Emergency”, Journal of International Humanitarian Action, vol.7, 2022: pp.2-25, p. 5.

[12] Mukete Y, “The Political Economy of the Anglophone Crisis in Cameroon”, Journal of African Security Review, vol.26, 2020: pp.147-162, p.148.

[13] Ibid.

[14] Konings Piet et al, “The Anglophone Problem  in Cameroon”, Journal of African Affairs, vol.102, 2003: pp.63-83, p. 65.

[15]Ibid.

[16] Tatah Peter, “The Anglophone Crisis in Cameroon: A Conflict Transformation Perspective”, Journal of Conflict Transformation and Security, vol. 8, No.1, p.35, 2020

[17] Mimi Mefo is a Cameroonian journalist and television presenter who has been a vocal advocate for press freedom and human rights in Cameroon. In 2018, Mimi Mefo was arrested and detained by the Cameroonian authorities for several days, allegedly for spreading false information and terrorism. Her arrest was widely condemned by human rights organizations and press freedom groups, who saw it as an attempt to silence her critical reporting. Mefo’s experiences  have highlighted the challenges faced by journalists in Cameroon, particularly those reporting on sensitive topics such as the Anglophone crisis. Despite the risks, Mefo has continued to advocate for press freedom and human rights in Cameroon.

[18] Ibid.

[19] Philip Knightley, The First Casualty: The War Correspondent as Hero and Myth-Maker from the Crimea to Kosovo, (Baltimore: Johns Hopkins University Press, 2004), p.4

[20] Susan L. Carruthers, “The Military and the Media: A Study of War Correspondents”, Journal of Military and Veteran’s Health, vol. 19, 2011: pp. 5-11, p.5

[21] Howard Tumber, “War Correspondents: The Key to Understanding Modern Warfare”, Journal of Journalism Studies, vol. 16, 2015: pp. 641-655, p. 642

[22] Collen Murrell, War and the Media: A Study of War Correspondents, (New York: Peter Lang Publishing, 2010), p.2

[23] Tim P. Vos et al, War Correspondent, Wiley Blackwell Press, 2018), p.1

[24] Article 79 of Additional Protocol I 1977

[25] Article 4(A)(4) of Geneva Convention III Relative the Treatment of Prisoners of War 1949

[26] Article 79 of Additional Protocol I 1977

[27] Article 2 of International Convention on the Safety and Independence of Journalists and other Media Professionals

[28] Article 2(a) of the Draft United Nations Convention on the Protection of Journalists Engaged in Dangerous Missions in Areas of Armed Conflict, 1^st August 1975, UN Document A/10147, Annex I.

[29] Pukar Dahal, “Protection of Journalists in Armed Conflict: An Insight from the Perspective of International Humanitarian Law”, Journal of Social Science and Humanities Research, Vol. 04, Issue No. 06, p. 23, 2021, 10.5281/zenodo.6860198

[30] Ibid.

[31] Salmon J.(dir), Dictionnaire de Droit International Public, 2001

[32] The International Criminal Tribunal for the Former Yugoslavia (ICTY) defined a war correspondent in the case of: The Prosecutor v. Radoslav Brdjanin & Mmir Talic “Randal case”, 2002.

[33] Ibid.

[34] Article 4 of the Third Geneva Convention, Relative to the Protection of Prisoners of War (POW) 1949

[35] Article 79 OF Additional Protocol I to the Geneva Conventions 1949

[36] Longman Dictionary of Contemporary English

[37] Ben Saul, “The International Protection of Journalists in Armed Conflict and other Violent Situations”, Australian Journal of Human Rights, Vol. 14, Issue No. 1, p. 107, 2008, DOI

[38] Ibid.

[39] Martin Loffelholz (2023, October 11). Embedded Journalism [online]. Available online at: https://www.britanica.com>topic.

[40] Ibid.

[41] Qualitative research methodology is expository, in-depth, context dependent, flexible, subjective in nature, it is non-numerical, rich and detailed, small sample sizes and does purposive sampling (participants selected based on relevance).

[42] Susan E. Defranzo, What is the Difference Between Qualitative and Quantitative Research? Available online at:www.snapsurveys.com (Accessed on June 10^th, 2024)

[43] The analytical characteristics of qualitative research methodology involves: thematic analysis (identifies patterns and themes); interpretative (the researcher interprets data in context); iterative (analysis refines and revises throughout the study); and coding and categorization (organizes data into meaningful units).

[44] Primary sources of legal information are original, authoritative materials that establish or interpret laws. These sources are typically considered most reliable and are used as the foundation for legal research.

[45] Phillips Mary T, Legal Research: A Guide for Law Students, (Carolina: Carolina Academic Press, 2018), p. 125

[46]Ibid.

[47]Ibid.

[48]Modern  Language Association, Modern  Language Association Handbook, (New York: Modern  Language Association, 2016), p.30

[49] Henry Shue is a prominent American philosopher and academic. He is a senior research fellow at the Centre for International Studies (CIS) of the Department of Politics and International Relations, Professor Emeritus of Politics and International Relations, and Senior Research fellow Emeritus at Merton.

[50]Adam McBeth, “Breaching the vacuum: A consolation of the role of international human rights law in the operatives of the International Financial Institutions”, The International Journal of Human Rights, Vol.10, 2006: pp.380-400, p.389.

[51] Henry Shue, Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy, (Princeton: University of Princeton, 1980), p.19

[52] One of the core principles of the responsibility to protect is “sovereignty as responsibility”, which provides that states have a primary responsibility to protect their citizens.

[53] Ibid.

[54] Ibid.

[55] Alston Phillip et al, International Human Rights in Context: Law, Politics, Morals, (Oxford: Oxford University Press, 2014), p. 280

[56]Charles Beitz et al, Introduction: Basic Rights and Beyond. Available online at: www.humanrights.is>definitions- a…(Accessed on 19^th January, 203)

[57]Henry Shue, Basic Rights subsistence, Affluence and US Foreign Policy, (Princeton: Princeton University press, 1980), p.80.

Shue developed the concept of the tripartite obligations while the respect, protect and fulfill technology was first used by Absjorn Eide as special rapporteur on the right to food for the committee on Economic, Social and Cultural Rights in his report.

[58] Ibid.

[59] Daniel J. Hessel, “The Pen and the Sword: International Humanitarian Law Protections for Journalism”, the Yale Journal of International Law, vol.41, no.2, p.419, 2016

[60] Article 4(A)(4) of Geneva Convention III 1949

[61] Article 15, 13(4) of Geneva Convention II 1949

[62] Ibid.

[63] Ibid.

[64] Additional Protocol to the Geneva Conventions of 12 August 1949, and relating to the protection victims of international armed conflicts (Protocol I) 8^th June 1977

[65] Article 50 paragraph 1 of Additional Protocol I 1977 provides: “A civilian is any person who does not belong to one of the categories of persons referred to in Article 4(A) (1), (2), (3) AND (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.

[66] Ibid.

[67] Ibid.

[68] Article13 and 18 of Additional Protocol II 1977

[69] Article 17(2) of Additional Protocol II 1977

[70] Article 19 of the Universal Declaration of Human Rights 1948

[71] Article 19(2) of the International Covenant on Civil and Political Rights 1966

[72] Joseph Sarah et al, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary, (Oxford: Oxford University Press, 2013), p. 548

[73] Article 9 of the International Covenant on Civil and Political Rights 1966

[74] Article 6 of the International Covenant on Civil and Political Rights 1966

[75] Cassese Antonio, International Criminal Law, (Oxford: Oxford University Press, 2008), p. 17

[76] Ibid.

[77] Article 8(2)(b)(xxiv) of the Rome Statute of the International Criminal Court 1998

[78] Article 8(2)(e)(iii) of the Rome Statute of the International Criminal Court 1998

[79] Article 7(1)(a) of the Rome Statute of the International Criminal Court 1998

[80] Article 7(1)(k) of the Rome Statute of the International Criminal Court 1998

[81] Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court 1998

[82] Article 8(2)(b)(xxvi) of the Rome Statute of the International Criminal Court 1998

[83] Luis Acosta, “Legal Effect of United Nations Resolutions Under International and Domestic Law”, Netherlands: The Law   Library of Congress, 2015

[84]Ibid.

[85] Appiagyei-Atua Kofi, “The Protection of Journalists in Armed Conflict: The Role of International Humanitarian Law”, Journal of International Humanitarian Legal Studies, vol. 7, No. 1, pp. 5-32, p. 8, 2016

[86] Ibid.

[87] Roth Kenneth, “The Responsibility to Protect Civilians and Journalists in Armed Conflict”, Journal of Global Responsibility to Protect, vol. 4, No. 1, pp. 24-44, p. 32, 2012

[88] Ibid.

[89] Ibid.

[90] Article 1 UNESCO Declaration of Windhoek 1991

[91] Article 4 UNESCO Declaration of Windhoek 1991

[92] Article 3 UNESCO Declaration of Windhoek 1991

[93] Article 9(1) of the African Charter on Human and Peoples’ Rights 1981

[94] Article 13(1) of the African Charter on Human and Peoples’ Rights 1981

[95] Article 23(1)(2) of the African Charter on Human and Peoples’ Rights 1981

[96] Frans Viljoen, International Human Rights in Africa, (Oxford: Oxford University Press, 2012), p. 221

[97] Article 4(1) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002

[98] Article 4(2) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002

[99] Article 4(3) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002

[100] Article 6(1-4) of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002

[101] Ibid.

[102] Ibid.

[103] Article 9 of the African Union’s Declaration of Principles on Freedom of Expression in Africa 2002

[104] Samuel Kobina Annan Asante, “The ECOWAS Treaty: A Framework for Regional Integration in West Africa”, African Journal of International and Comparative Law, vol. 22, Issue no. 2, pp. 151-170, p. 153, 2014

[105] Article 1 of the ECOWAS (Economic Community of West African States) Treaty 197

[106] Ibid.

[107] Article 1 of Law No. 90/021 of 29 December 1990

[108] Ibid.

[109] Article 1 of Law No. 90/021 of 29 December 1990

[110] Article 1 of Law No.2006/011 of 29 December 2006 on the Status of Journalists

[111] Article 4 of Law No.2006/011 of 29 December 2006 on the Status of Journalists

[112] Article 13 of Law No.2006/011 of 29 December 2006 on the Status of Journalists

[113] Ibid.

[114] Article 1 of Law No. 99/014 of 22 December 1999 on the Press

[115] Article 4 of Law No. 99/014 of 22 December 1999 on the Press

[116] Ibid.

[117] Amnesty International, “Cameroon: Anglophone Crisis Sparks Human Rights Abuses”, 2019. Available online at: https://www.amnesty.org>…(Accessd on December 19^th, 2024)

[118] Ibid.

[119] Chris Paterson et al, “Journalism and the Anglophone Crisis”, African Journalism Studies, vol. 39, Issue no. 2, 2018: pp.1-8, DOI: 10.1080/23743670.2018.1467453

[120] Committee to Protect Journalists. (2020). “Cameroon: Journalists face harassment, intimidation, and violence”. Available online at: https://cpj.org ( Accessed on 26^th December, 2024)

[121] Ibid.

[122] Amnesty International, “Cameroon: Samuel Wazizi’s Whereabouts Unknown After Arrest”, 2020. Available online at: https://www.amnesty.org>cameroon:samuelwazizi’swhereaboutsunknownafterarrest (Accessed on 26^th December, 2024)

[123] Samuel Wazizi, a Cameroonian journalist, was arrested on August 2, 2019, by police in Muea, and his whereabouts remained unknown for a long time. Unfortunately, it was later confirmed by the Cameroonian government that he died in detention on August 17, 2019, allegedly due to “severe sepsis”. However, his family and lawyers were not informed about his death until 10 months later, and they have raised concerns about the circumstancessurrounding his detention and death. Before his death was announced, there were reports that Wazizi was being held incommunicado, and his lawyer, Emmanuel Nkea, had filed a habeas corpus application to try to locate him. However, the court ultimately dismissed the application, citing lack of jurisdiction. It’s worth noting that Wazizi’s arrest and detention were widely condemned by human rights organizations and journalist groups, who argued that he was being targeted for his critical reporting on the government’s handling of the separatist conflict in Cameroon.

[124] Mimi Mefo is a Cameroonian journalist and television presenter who has been a vocal advocate for press freedom and human rights in Cameroon. In 2018, Mimi Mefo was arrested and detained by the Cameroonian authorities for several days, allegedly for spreading false information and terrorism. Her arrest was widely condemned by human rights organizations and press freedom groups, who saw it as an attempt to silence her critical reporting. Mefo’s experiences  have highlighted the challenges faced by journalists in Cameroon, particularly those reporting on sensitive topics such as the Anglophone crisis. Despite the risks, Mefo has continued to advocate for press freedom and human rights in Cameroon.

[125] Ibid.

[126] Reporters Without Borders, “Cameroon: Journalist Zogo Jean-Marie Killed in Crossfire”, 2020. Available online at: https://www.refworld.org>reporterswithoutborders (Accessed on 26^th December, 2024)

[127] Ambazonia Liberation Forces, “Warning to Journalists”, June 15^th 2019. Available online at: https://ambazoniagov.org (Accessed on Thursday 26^th December, 2024

[128] Amnesty International, “Cameroon: Journalists Face Arbitrary Arrests and Detention”, 2020. Available online at: https://www.amnesty.org>cameroon:samuelwazizi’swhereaboutsunknownafterarrest (Accessed on 27^th December, 2024)

[129] Ibid.

[130][130] Reporters Without Borders, “Cameroon: Journalist Zogo Jean-Marie Killed in Crossfire”, 2020. Available online at: https://www.refworld.org>reporterswithoutborders (Accessed on 26^th December, 2024)

[131]There is no specific law at the national level that explicitly makes vivid provision for for the protection of journalists in armed conflicts with a well-spelled punishment.

[132] Ibid.

[133] Palmer Launce E, “Access Restriction for War Correspondents: A Study of Journalists’ Experiences in Conflict Zones”, Journal of Conflict Studies, vol.39, Issue no. 1, pp.1-15, 2019.DOI:1022230/JCS.2019V39N1A5376

[134] Ibid.

[135] Tuggle C. A, “Physical Harm to War Correspondents: An Analysis of Injuries and Fatalities”, Journal of Broadcasting and Electronic Media, vol.61, Issue no. 1, pp.24-40, 2017.DOI:10.1080/08838151.2016.1273929

[136] Ibid.

[137] Human Rights Watch, “Cameroon: Journalists Faces Harassment and Intimidation”, 2020. Available online at: https://www.hrw.org (Accessed on December 28^th, 2024)

[138] Ibid.

[139] Ibid.

[140] Sambrook Richard, “Limited Resources for War Correspondents’ Safety: A Study of News Organizations’ Support Mechanisms”, Journal of Journalism Studies, vol.19, Issue no. 2, 2018.DOI: 10.1080/1461670x.2017.1397539

[141] Ibid.

[142] African Press Organization, “Cameroon: Journalists lack Resources to Report Safely”, 2020. Available online at: https://www.gopglobe.com>project (Accessed on December 28^th, 2024)

[143] International Federation of Journalists, “Cameroon: Harassment and Intimidation Undermine Press Freedom”. Available online at: https://www.ifj.org (Accessed on December 28^th, 2024)

[144] Ibid.

[145] Ngwang M. et al, “Reporting in a Polarized Environment: Challenges Faced by Journalists in Anglophone Cameroon”, Journal of Conflict and War Studies, vol. 20, Issue no. 1, 2020,  pp. 1-15, p.5

[146] Ibid.

[147] Ibid.

[148] Dunn John, “Cyber Security Risks for Journalists in Conflict Zones: A Framework for Mitigation”, Journal of Cyber Security, vol.5, Issue no.1, pp.1-10, 2019.DOI:10.1093/cybsec/tyz002

[149] Citizen Lab, “Technological Risks and Press Freedom in Anglophone Cameroon”. Available online at: https://www.impact.citizenlab.co (Accessed on Saturday 28^th, 2024)

[150] Ibid.

[151] Murrell Colleen, “Logistical Challenges for War Correspondents: A Qualitative Analysis of Journalists’ Experiences”, Journal of War and Media Studies, vol.1, Issue 1, pp.1-20, 2018.DOI:10.12896/JWMS2018.0001

[152] Ibid.

[153] Ibid.

[154] Article 51(3) of the 1977 Additional Protocol I to the Geneva Conventions

[155] Rule 6 of the Customary International Humanitarian Law (CIHL) Study

[156] Article 51(2) of the 1977 Additional Protocol I 1977

[157] International Committee of Red Cross ICRC and Customary International Humanitarian Law CIHL Study, Rule 53

[158] Article 48 of the 1977 Additional Protocol I 1977 to the Geneva Conventions 1948

[159] Article 51(2) of the 1977 Additional Protocol I 1977

[160] Article 52(2) of the 1977 Additional Protocol I 1977

[161] Geneva Convention IV, Article 27

[162] Ibid.

[163]The UN Security Council Resolution 1738 (2006) condemns attacks against journalists and other media professionals in conflict zones and situations of armed conflict.

[164] Ibid.

[165] Article 19 of the International Covenant on Civil and Political Rights 1966

[166] Ibid.