United Nations Security Council Resolution 1738
Encyclopedia
United Nations
Security Council Resolution
1738, adopted unanimously on December 23, 2006, after reaffirming resolutions 1265
(1999), 1296
(2000), 1502
(2003) and 1674
(2006) on the protection of civilian
s in armed conflict, the Council condemned attacks against journalist
s in conflict situations. It was the last resolution adopted by the Security Council in 2006.
The text was sponsored by France
and Greece
. The passage of Resolution 1738 was welcomed by media freedom
groups such as Reporters Without Borders
.
, while further reaffirming that parties to armed conflict were responsible in taking steps to protect civilians. In this context, it recalled the Geneva Conventions
and Protocols I
and II
, with particular attention to references concerning the protection of journalists. There were also existing prohibitions in international law
against the deliberate targeting of civilians in armed conflict and Council members called for those responsible for attacks to be brought to justice.
The resolution reaffirmed the need for a broad strategy of conflict prevention which addressed the causes of the conflict in order to protect civilians. It expressed concern at acts of violence against journalists, media
professionals and associated personnel, in violation of international humanitarian law
. Furthermore, the Council recognised that the issue of protecting journalists in armed conflict
was "urgent and important".
The Council also deplored incitement to violence in the media, further stating that it would take further action against media broadcasts inciting genocide
, crimes against humanity
and violations of international humanitarian law. All parties involved in conflict had to comply fully with their obligations concerning the protection of civilians in armed conflict, including media personnel.
Council members regarded the deliberate targeting of civilians and other protected persons in conflict as a threat to international peace and security and expressed an intention to consider further action if necessary. States that had not become party to the Additional Protocols of the Geneva Conventions were invited to do so.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1738, adopted unanimously on December 23, 2006, after reaffirming resolutions 1265
United Nations Security Council Resolution 1265
United Nations Security Council Resolution 1265, adopted unanimously on September 17, 1999, in the first resolution to address the topic, the Council discussed the protection of civilians during armed conflict.-Observations:...
(1999), 1296
United Nations Security Council Resolution 1296
United Nations Security Council Resolution 1296, adopted unanimously on April 19, 2000, after recalling Resolution 1265 , the Council discussed steps to enhance the protection of civilians during armed conflict.-Observations:...
(2000), 1502
United Nations Security Council Resolution 1502
United Nations Security Council Resolution 1502, adopted unanimously on August 26, 2003, after recalling resolutions 1265 , 1296 and 1460 , the Council condemned violence against humanitarian workers and called upon all states to ensure that such incidents did not remain unpunished.The vote on the...
(2003) and 1674
United Nations Security Council Resolution 1674
United Nations Security Council Resolution 1674, adopted unanimously on April 28, 2006, after reaffirming resolutions 1265 and 1296 concerning the protection of civilians in armed conflict and Resolution 1631 on co-operation between the United Nations and regional organisations, the Council...
(2006) on the protection of civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s in armed conflict, the Council condemned attacks against journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s in conflict situations. It was the last resolution adopted by the Security Council in 2006.
The text was sponsored by France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
. The passage of Resolution 1738 was welcomed by media freedom
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
groups such as Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
.
Observations
In the preamble of the resolution, the Security Council reaffirmed its responsibility in the maintenance of international peace and security under the United Nations CharterUnited Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, while further reaffirming that parties to armed conflict were responsible in taking steps to protect civilians. In this context, it recalled the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
and Protocols I
Protocol I
Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern...
and II
Protocol II
Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders...
, with particular attention to references concerning the protection of journalists. There were also existing prohibitions in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
against the deliberate targeting of civilians in armed conflict and Council members called for those responsible for attacks to be brought to justice.
The resolution reaffirmed the need for a broad strategy of conflict prevention which addressed the causes of the conflict in order to protect civilians. It expressed concern at acts of violence against journalists, media
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
professionals and associated personnel, in violation of international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
. Furthermore, the Council recognised that the issue of protecting journalists in armed conflict
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
was "urgent and important".
Acts
Resolution 1738 condemned attacks on journalists, media and associated personnel, calling for an end to such practices. It stated that these personnel were to be considered as civilians and had to be protected and respected. Additionally, equipment and installations used by the media were also considered to constitute civilian objects and thus were not to be the target of any military action.The Council also deplored incitement to violence in the media, further stating that it would take further action against media broadcasts inciting genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
and violations of international humanitarian law. All parties involved in conflict had to comply fully with their obligations concerning the protection of civilians in armed conflict, including media personnel.
Council members regarded the deliberate targeting of civilians and other protected persons in conflict as a threat to international peace and security and expressed an intention to consider further action if necessary. States that had not become party to the Additional Protocols of the Geneva Conventions were invited to do so.
See also
- Laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
- List of United Nations Security Council Resolutions 1701 to 1800 (2006 – 2008)
- List of ongoing military conflicts