Guidance

'Public curiosity' in the 1949 Geneva Conventions: the interpretation developed by the Government of the United Kingdom of Great Britain and Northern Ireland and the British Red Cross

Published 31 December 2007

This was published under the 2007 to 2010 Brown Labour government

Background

At the 28th International Conference of the International Committee of the Red Cross and Red Crescent, the British Red Cross and the British Government made a joint pledge to establish and promote an up-to-date and practical interpretation of the requirement to protect prisoners of war against insults and public curiosity, set out in Article 13 of the Third Geneva Convention. The same protection is afforded to civilians in the hands of the opposing side or an occupying power (see Article 27 of the Fourth Geneva Convention).

The issue

The rule protecting prisoners of war against insults and public curiosity was adopted before the widespread availability of television and the existence of modern communications technology. In 1949, those who drafted the Geneva Conventions probably had in mind that prisoners of war should not be paraded through the streets, exposed to the taunts of the local populations. Today, of course, images of prisoners of war can be transmitted more or less instantaneously into homes around the world.

It is clear that media reporting can help to ensure that international humanitarian law is respected. The British government and the British Red Cross also recognise that the media have rights to freedom of expression (in particular in Article 19(2) of the International Covenant on Civil and Political Rights 1966). However, the British Government and the British Red Cross consider it would be helpful for journalists reporting on armed conflicts to have a proper understanding of international humanitarian law, so that they are in an informed position to decide whether or not it is right to disclose images, taking account of the requirements of international humanitarian law and the need to protect the rights of others. Better understanding of international humanitarian law will assist journalists in carrying out their responsibilities.

The British government and the British Red Cross recognise that it is not possible to have absolute, hard and fast rules. But nevertheless the modern interpretation of these rules needs to be as clear, simple to apply in most circumstances, reasonable and objective as possible.

The way forward

The British government and British Red Cross suggest the following general principles should be applied:

1. Any image of Prisoners of War (POWs) as identifiable individuals should normally be regarded as subjecting such individuals to public curiosity and should not be transmitted, published or broadcast. Where the specific circumstances of a case make it necessary in the public interest to reveal the identity of a POW (e.g. because of the person’s seniority, or because the person is a fugitive from international justice) great care should be taken to protect the person’s human dignity.

2. Images of POWs individually or in groups in circumstances which undermine their public dignity, should not normally be transmitted, published or broadcast. In the exceptional circumstances where such images are transmitted, for example, to bring to public attention serious violations of international humanitarian law, individual identities must be protected.

The British government and the British Red Cross hope that media organisations and individual journalists would act prudently and discreetly when reporting on prisoners of war, bearing in mind the effect of publication or transmission of their work on the prisoners of war and their families. In addition, States and the International Red Cross and the Red Crescent Movement should spread knowledge of the international rules for the protection of prisoners of war and civilian security internees against insults and public curiosity to media organisations and individual journalists.