The events of recent weeks connected with military operations of the Ukrainian military on the territory of the aggressor country and gaining control over certain territories of Kursk oblast pose new challenges to the Ukrainian media community. After the first reports of Ukrainian and international media from the area of Sudzha and nearby areas, there is a need to clarify the rules for covering the events happening there.
Over the past two and a half years, the Commission has already issued a number of recommendations, some of which are applicable under new circumstances and which we will mention in more detail below. However, they are not enough to ensure that journalists understand the due course of action in Kursk oblast and on any other territories that are not part of the constitutionally established territory of Ukraine.
The Status of a journalist. The Commission agrees that the events currently unfolding on the territory of Kursk region enjoy significant public interest, and thus journalists covering them on site would be in line with their mission of serving the audience and covering socially significant events that affect the life of the entire country. Considering the security situation and the important social role of journalists in covering conflicts, the Commission considers it necessary to emphasize the peculiarities of work in the war zone.
Since the events in question are an international armed conflict, it is not only regular norms regarding the protection of journalists under international human rights law that operate in this case, but also international humanitarian law. Therefore, first of all, journalists must keep in mind the need to strictly observe the difference between the status of a civilian and a combatant (a person who is part of the armed forces of a country at war).
Under the Geneva Conventions, journalists who work in dangerous areas of armed conflict have the status of civilians.
Journalists should remember that according to Russian legislation, a journalist may be prosecuted in Russia for illegally crossing the border, and their actions may be interpreted as a criminal offense, which may have consequences in the event of a visit to the aggressor country or its allied states.
The Commission recommends that journalists:
- Comply with the requirements for distinguishing between civilians and combatants, in particular refrain from using military or paramilitary insignia, avoid wearing military clothing and camouflage because wearing them may lead to the perception of the journalist as a legitimate military target;
- Not carry weapons, since your job is informing the public, and carrying weapons may create an impression that you are a participant of hostilities, which contradicts the status of a journalist as a civilian;
- Consider the risks of operating in a combat zone and carefully consider the possibility of being captured;
- Read the requirements in the Order of the Commander-in-Chief of the Armed Forces of Ukraine No. 73 and duties regarding the activity of journalists in the area of hostilities under this law.
Use of correct terminology. In terms of international law, events on the territory of Kursk region of Russia should be considered to be a) an international armed conflict and b) continuation of Ukraine’s self-defense activities in line with Article 51 of the UN Charter. However, in view of gaining control over certain areas within internationally recognized borders of the aggressor country, the question arises whether such territories can be referred to as occupied by Ukraine.
According to the norms of international humanitarian law, the legal regime of occupation begins to apply from the moment when the occupying power can exercise effective (i.e., actual) control over a territory. Occupation is also temporary. The crucial characteristic is the ability of the occupying country to undertake the governance functions, i.e., the presence of armed forces on the enemy territory is only a prerequisite for introducing the respective legal regime.
At the time of writing, the first military commandant’s office has been set up, which can perform the functions of public administration on the territory gained by the Ukrainian military. It is from the moment when it starts due operation that we can speak of the beginning of occupation of certain areas of Kursk oblast, which will additionally entail obligations to provide a certain level of human rights and public administration on the occupied territories.
In view of this, the Commission considers the use of the following terminology permissible:
- Calling the events in Kursk region “continuation of the international armed conflict between Russia and Ukraine,” “Ukraine’s self-defense against Russian aggression,” “hostilities on the territory of Russia / Kursk region,” “taking control over certain territories,” “AFU counter-offensive on the territory of Kursk region,” “occupation of Kursk region,” “temporary occupation” and other synonyms;
- Refrain from using phrasing such as “liberation,” since territories currently controlled by the Ukrainian forces are part of the internationally recognized territory of Russia.
Journalists should keep in mind that when publishing materials about the events on AFU-controlled territories of Russia, restrictions under the Ukrainian criminal law and internal orders of the Armed Forces of Ukraine both apply. These restrictions prohibit the justification of Russian aggression and actions, prescribe avoiding the filming of weapons movements and the movement of the Armed Forces of Ukraine, as well as the preparation of materials containing an insult to the honor and dignity of a military servant. All these actions are prohibited in accordance with the Criminal Code of Ukraine and may lead to imprisonment. The sanction for violating the above-mentioned Order No. 73 may be the termination of accreditation and revoking access to work in the combat zone. Therefore, for safety reasons, the Commission recommends that journalists:
- Follow the requirements of the representatives of the defense forces to inspect photos and videos, to respect filming bans;
- Learn the provisions of the Criminal Code that may affect the coverage of military operations, in particular, requirements of Articles 111-1, 114-2, 435-1 and 436-2;
- Find out the requirements regarding the ban on publicizing information contained in the List of information whose disclosure may inform the enemy of the actions of the Armed Forces of Ukraine, other components of the defense forces, negatively impact the course of combat tasks during the regime of martial law.
Covering the situation on territories controlled by Ukraine. The Commission envisages several potentially heated subjects that can appear in journalistic materials on the territory of Russia controlled by the Armed Forces of Ukraine: the humanitarian situation, seeking evidence of violations of international law and international crime, coverage of prisoners, reports on the activities of the Ukrainian military. At the same time, it should be kept in mind that what is of particular importance under these circumstances is the privacy of characters in the broadest sense, as well as the possibility that journalistic materials may endanger local residents, or potentially representatives of the local public administration who agreed to an interview. Therefore, journalists have to always remember that they need to obtain clear, unequivocal consent to produce any such material (which is also a requirement of the international humanitarian law when it comes to prisoners of war), and even when such consent is obtained, they must take additional steps to protect people’s identity in their materials.
The subject of covering potential international crimes that may be committed by both parties to the conflict is also sensitive. The importance of the media’s role in gathering evidence of such crimes, particularly for future international tribunals, is indisputable. Taking this into account, as well as the principles outlined in previous recommendations, the Commission recommends that journalists:
- Avoid prejudice against the civilian population in the territories under the control of the Armed Forces of Ukraine in the Kursk region;
- Strictly adhere to the principle of voluntary and informed consent of individuals when creating materials about the combat zone;
- Take all possible measures to protect the identity of Russian prisoners of war and civilians in the territories controlled by Ukraine, including changing voices, faces, blurring, using voiceovers, etc.;
- Use the Commission’s Recommendations on Interviewing Russian Prisoners of War in Ukrainian Media, Recommendations of the Commission on Wartime Vocabulary, Recommendations of the Commission on Covering People’s Deaths During the War, the Commission’s Statement on Publicizing Private Information of Individuals Affected by the War and other documents regarding the activities of journalists during the war.