New Defense Department manual allows journalists to be held as 'unprivileged belligerents'

 JournalismPakistan.com |  Published August 26, 2015

WASHINGTON: New Defense Department guidelines allow commanders to punish journalists and treat them as "unprivileged belligerents" if they believe journalists are sympathizing or cooperating with the enemy.

The Law of War manual, updated to apply for the first time to all branches of the military, contains a vaguely worded provision that military commanders could interpret broadly, experts in military law and journalism say. Commanders could ask journalists to leave military bases or detain journalists for any number of perceived offenses.

"In general, journalists are civilians," the 1,180 page manual says, but it adds that "journalists may be members of the armed forces, persons authorized to accompany the armed forces, or unprivileged belligerents."

The manual adds, "Reporting on military operations can be very similar to collecting intelligence or even spying. A journalist who acts as a spy may be subject to security measures and punished if captured." It is not specific as to the punishment or under what circumstances a commander can decide to "punish" a journalist.

Defense Department officials said the reference to "unprivileged belligerents" was intended to point out that terrorists or spies could be masquerading as reporters, or warn against someone who works for jihadist websites or other publications, such as al-Qaida's "Inspire" magazine, that can be used to encourage or recruit militants.

Another provision says that "relaying of information" could be construed as "taking a direct part in hostilities." Officials said that is intended to refer to passing information about ongoing operations, locations of troops or other classified data to an enemy.

Army Lt. Col. Joe Sowers, a Pentagon spokesman, said it was not the Defense Department's intent to allow an overzealous commander to block journalists or take action against those who write critical stories.

"The Department of Defense supports and respects the vital work that journalists perform," Sowers said. "Their work in gathering and reporting news is essential to a free society and the rule of law." His statement added that the manual is not policy and not "directive in nature."

But Ken Lee, an ex-Marine and military lawyer who specializes in "law of war" issues and is now in private practice, said it was worrisome that the detention of a journalist could come down to a commander's interpretation of the law.

If a reporter writes an unflattering story, "does this give a commander the impetus to say, now you're an unprivileged belligerent? I would hope not," Lee said.

"I'm troubled by the label 'unprivileged belligerents,' which seems particularly hostile," said Kathleen Carroll, AP's executive editor. "It sounds much too easy to slap that label on a journalist if you don't like their work, a convenient tool for those who want to fight wars without any outside scrutiny." - AP
 

Even a win can't hide Pakistan's structural collapse in cricket

 June 11, 2025:  Pakistan celebrated a narrow win over Bangladesh, but beneath the jubilation lies a deeper crisis—from sidelined veterans to a collapsing domestic structure—signaling an urgent need for cricket reform.

Journalists stage walkout at post-budget briefing over government's dismissive attitude

 June 11, 2025:  Journalists walked out of the post-budget press conference in Islamabad to protest the absence of a technical briefing and the government's dismissive behavior, calling it unacceptable and intolerable.

Legal storm brews as Dr. Nauman Niaz serves defamation notice on Shoaib Akhtar

 May 31, 2025:  Dr. Nauman Niaz has issued a defamation notice to Shoaib Akhtar over derogatory remarks made during a recent broadcast, reigniting a longstanding media feud between the two prominent figures in Pakistan.

HRCP urges complete repeal of PECA, citing threats to free speech and civil liberties

 May 30, 2025:  The Human Rights Commission of Pakistan has demanded the full repeal of PECA, citing its vague language, coercive powers, and threats to free speech and digital rights in Pakistan.

PFUJ condemns murder of journalist Syed Mohammad Shah, urges immediate justice

 May 30, 2025:  The Pakistan Federal Union of Journalists (PFUJ) has condemned the murder of journalist Syed Mohammed Shah in Jacobabad, calling for urgent justice and improved safety for media professionals in Sindh.

State within a state? Police block reinstated Jang employees from resuming duties

 May 26, 2025:  In Rawalpindi, police allegedly side with Jang Group to block 66 reinstated employees from resuming work despite court orders, drawing sharp criticism from unions and press freedom advocates.

PFUJ slams Jang Group's 'economic massacre' after mass firing of over 80 workers

 May 25, 2025:  PFUJ condemns the Jang Group's decision to dismiss over 80 employees in Rawalpindi, calling it an 'economic massacre.' The union warns of nationwide protests if workers are not reinstated.

Labor rights trampled: Daily Jang defies court, terminates over 80 employees

 May 25, 2025:  Daily Jang Rawalpindi has terminated over 80 employees, including female staff, despite multiple court rulings in their favor—raising concerns over labor rights violations and misuse of authority in Pakistani media.