1. War, "Incendiary Media," and International Human Rights Law: Top Paper, Communication Law and Policy Division.
- Author
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Erni, John
- Subjects
POLITICAL rights ,CIVIL rights ,INTERNATIONAL organization ,INTERNATIONAL relations ,HUMAN rights - Abstract
This paper examines the human rights legal foundation for ‘information intervention’ or ‘media intervention’ conceived of as a part of rebuilding post-conflict societies. The media space is a critical site for post-conflict reconstruction, particularly when factional conflict and violence persist after the war, as in the present case of Iraq. Media / information intervention refers to the means of getting involved in a humanitarian crisis where there is evidence that the mass media have been manipulated to incite hatred and violence. It will be demonstrated that media intervention as a practice has ambiguous legal support in international law, due to the conflict between the jus cogens principle of non-intervention and the limited derogation of that principle provided by Chapter VII of the UN Charter, and by exceptions to allow restriction of speech provided in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). A review of the legal framework in international law that has an impact on media intervention campaigns will be provided. Reference will be made to media intervention experiences in previous post-war situations, e.g. Bosnia-Herzegovina, Kosovo, Rwanda, Cambodia. It will be argued that between an absolute prohibition of intervention and a set of specific conditions allowing derogation to non-interventionism, lies a small window of opportunity – a ‘limited exceptionism’ – for cultivating a media space that respects human rights. The stakeholders involved in rebuilding the media space should grasp the significance of this narrow opportunity to establish peace and security in post-conflict zones. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]
- Published
- 2006