Authored By: Mahmuda Zaman Tanha
University of Asia Pacific
Introduction:
The unprecedented killing of journalists in Gaza since October 2023 has drawn international condemnation and raised urgent legal questions. According to United Nations experts, more than 120 journalists have been killed in the territory during the ongoing Israel–Gaza conflict, making it the deadliest conflict for journalists in decades (UN Special Procedures, 2024).
Journalists are afforded special protections under international humanitarian law (IHL) and international human rights law (IHRL). Their intentional targeting, particularly when clearly identifiable as press, not only violates the right to life but also undermines freedom of expression and the public’s right to information. The systematic pattern of attacks suggests grave breaches of the Geneva Conventions, potential crimes against humanity, and war crimes under the Rome Statute of the International Criminal Court (ICC).
This article examines the historical context, documented violations, legal implications, and policy recommendations, situating Gaza within a broader framework of suppression of journalists in armed conflict.
Historical and Legal Protections for Journalists
International Humanitarian Law (IHL) and the Geneva Conventions
Under IHL, “Journalists are considered civilians so long as they do not directly participate in hostilities”.
“They are therefore entitled to protection from attack. Any intentional targeting of journalists constitutes a grave breach of the Geneva Conventions”.
Defines as a war crime: “Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities”.
International Human Rights Law
Journalists’ rights are also enshrined under IHRL:
Right to life: International Covenant on Civil and Political Rights (ICCPR), Article 6.
Freedom of expression and information: ICCPR, Article 19; Universal Declaration of Human Rights (UDHR), Article 19.
“The UN Human Rights Committee has clarified that failure to investigate journalist killings constitutes a violation of the ICCPR”.
“Journalists on dangerous professional missions in areas of armed conflict are to be considered civilians”.
UN Security Council Resolutions
“Condemns attacks against journalists in conflict and calls for their protection as civilians”.
“Reaffirms protections, emphasizing state obligations to ensure accountability for violations”.
Historical Precedents
Bosnia (1990s): Journalists of RTV Sarajevo were systematically targeted; the ICTY recognized attacks against media as violations of IHL.
Iraq (2003): Al Jazeera offices in Baghdad were bombed despite being known civilian facilities.
Syria (2011–ongoing): Journalists faced intimidation, arbitrary detention, and assassination, with UN reports condemning patterns of suppression.
Gaza’s case reflects continuity in the failure to adequately protect journalists across modern conflicts.
Documented Violations in Gaza
UN and Expert Findings
UN Special Rapporteurs reported that over 120 journalists have been killed since October 2023, many while visibly marked as press.Experts noted that such killings appear systematic, raising the threshold for war crimes and potentially crimes against humanity.
Reports by Human Rights and Press Freedom Organizations
International Commission of Jurists (ICJ): “Documented patterns of impunity and urged ICC investigation”.
Committee to Protect Journalists (CPJ): “Declared Gaza the deadliest conflict for journalists in decades “.
Reporters Without Borders (RSF): “Filed formal complaints with the ICC alleging deliberate targeting of journalists “.
Case Studies
“The blood of our martyred journalists in Gaza has not yet dried before the Israeli occupation forces committed another crime against Al Jazeera cameraman Mohammad Salama, together with three other photojournalists,” the network said, referring to Israel’s killing, barely two weeks prior, of renowned Al Jazeera journalist Anas al-Sharif, who had become the voice of Gaza for his extensive reporting from the enclave”.
Israel’s twin strike on the Nasser hospital in Gaza, which killed five journalists including staff working for the Associated Press, Reuters, and Al Jazeera, is a potential violation of international law writ large.
Hossam Shabat (Al Jazeera Mubasher): Killed in March 2025. Eyewitness accounts described the attack as intentional despite Israeli denials. Independent investigations suggested deliberate targeting.
Anas al-Sharif (Al Jazeera): Killed in August 2025. Al Jazeera condemned it as a “premeditated assassination”. UNESCO, CPJ, and RSF denounced the killing as a grave breach of IHL.
These cases illustrate not isolated incidents but a pattern of suppression aimed at silencing independent reporting.
Pattern of Suppression and Starvation Tactics
The Palestinian Centre for Human Rights (PCHR) and the International Bar Association Human Rights Institute (IBAHRI) reported that targeting journalists is part of a broader strategy involving
Communication blackouts.
Denial of humanitarian aid and basic necessities.
“Starvation as a weapon of war”.
Legal Implications and Avenues for Accountability:
War Crimes and State Obligations:
Targeting journalists amounts to grave breaches of the Geneva Conventions and war crimes under the Rome Statute. States are obliged under Common Article 1 of the Geneva Conventions to “respect and ensure respect” for IHL.
International Criminal Court (ICC) Jurisdiction:
Palestine is a State Party to the Rome Statute (2015).
The ICC has jurisdiction over crimes committed in Gaza by any actor.
Relevant charges:
War crimes: targeting civilians.
Crimes against humanity: persecution of journalists as part of a systematic attack (Art. 7).
Universal Jurisdiction
Universal jurisdiction permits states to prosecute grave breaches regardless of where they occur. Precedents include:
Belgium’s universal jurisdiction law (2001).
Spain’s prosecutions of foreign officials (Pinochet case, 1998).
Such mechanisms remain underutilized in cases of attacks on journalists.
Duty to Investigate under Human Rights Law
The UN Human Rights Committee requires prompt, impartial, and transparent investigations into unlawful killings. Failure to investigate constitutes an independent human rights violation.
Policy and Legal Recommendations
For States:
Exercise universal jurisdiction where possible.
Impose sanctions and diplomatic pressure on perpetrators.
For International Bodies:
ICC should prioritize journalist killings in its Palestine investigation.
Establish UN fact-finding missions with forensic capacity to document and preserve evidence.
For Press Freedom Organizations:
Expand emergency protection mechanisms for journalists in conflict.
Develop early-warning systems for threats against media workers.
Broader Implications:
Impact on Press Freedom
The chilling effect extends beyond Gaza: journalists globally may fear reprisals, leading to self-censorship and reduced independent reporting.
Consequences for International Law
Failure to enforce protections risks eroding IHL and IHRL norms, normalizing the targeting of journalists as a tool of warfare.
Democratic Values
Attacks on journalists undermine the public’s right to truth and accountability, striking at the core of democratic society.
Conclusion:
The targeted killing of journalists in Gaza represents a grave violation of international law, contravening IHL, IHRL, and binding UN Security Council resolutions. Documented cases reveal not isolated incidents but a systematic pattern of suppression, raising the threshold for war crimes and crimes against humanity.
The international community must act decisively through the ICC, universal jurisdiction, and UN mechanisms to ensure accountability. Without urgent enforcement, the deliberate killing of journalists may become normalized, eroding the global protections that underpin both humanitarian law and democratic values.
Bibliography (Bluebook Style)
Treaties and Conventions
- Geneva Conventions of 12 August 1949 and Additional Protocol I, June 8, 1977, 1125 U.N.T.S. 3.
- International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171.
- Rome Statute of the International Criminal Court, July 17, 1998, 2187 U.N.T.S. 90.
United Nations Documents
- S.C. Res. 1738, U.N. Doc. S/RES/1738 (Dec. 23, 2006).
- S.C. Res. 2222, U.N. Doc. S/RES/2222 (May 27, 2015).
- Human Rights Comm., General Comment No. 36, ¶ 1, U.N. Doc. CCPR/C/GC/36 (Oct. 30, 2018).
- Office of the U.N. High Comm’r for Human Rights, Statements of Special Rapporteurs on Gaza (2024–2025).
NGO and Expert Reports
- Int’l Comm’n of Jurists, Journalists in Gaza and International Law (2024).
- Comm. to Protect Journalists, Gaza: Deadliest Conflict for Journalists in Decades (2024).
- Reporters Without Borders, ICC Submissions on Gaza (2024–2025).
- Palestinian Ctr. for Human Rights, Reports on Targeting of Journalists (2024).
- Int’l Bar Ass’n Human Rights Inst., Silencing the Press in Gaza (2025).
News Media
- Israel’s Killing of Six Gaza Journalists Draws Global Condemnation, Al Jazeera (Aug. 25, 2025), https://share.google/UP11fjxoe823ySUeT.
- Peter Beaumont, Israel’s Attack on Hospital in Gaza May Constitute a War Crime on Many Fronts, The Guardian (Aug. 25, 2025), https://www.theguardian.com/world/2025/aug/25/israel-attack-gaza-hospital-may-constitute-war-on-many-fronts?utm_source=chatgpt.com.
