|
Media Matters
Oct. 3, 2002
Witness for the Prosecution? 'Not My Job,' Say Some Journalists
By Jeffrey A. Dvorkin
Ombudsman
National Public Radio
The War Crimes Tribunal in The Hague has begun calling journalists to testify against former Serbian President Slobodan Milosovic. Milosovic is on trial for his role in the Serbian war against Bosnia and the massacre of thousands of civilians.
But many journalists are deeply divided about the professional and moral obligation such testimony might invoke.
One of the first to testify was the BBC's Jackie Rowland. Ms. Rowland is a long time correspondent and has frequently reported for NPR from many war zones.
'We Bear Witness'
She believes that reporters have the legal as well as the moral obligation to confirm in court what has been reported on the air or in the newspapers.
As Rowland said on NPR's All Things Considered on August 28th:
"...As a journalist, we bear witness. That's what journalists do. We bear witness on the events that we see, and we bear witness to our viewers and our listeners. And I felt that what I was doing in the court today was simply an extension of that."
Robert Fisk writes for the London newspaper, The Independent. He goes even further, claiming that even though he's happy to chat with any war crimes investigators, he won't show up in court, even if subpoenaed.
"...if we ever have an independent court to try all the villains, I might change my mind. But until then, a reporter's job does not include joining the prosecution. We are witnesses and we write our testimony and we name, if we can, the bad guys. Then it is for the world to act. Not us."
Fisk, who has reported on more horrors than probably anyone else, says that journalists are not being asked to testify in the interests of international justice... only for the side that's won. He believes that journalists who give evidence in these courts are pawns of their governments.
Most U.S. media organizations don't go that far. But they tend to agree generally with Fisk's distaste for appearing in court.
The Balkan wars of the mid-1990s were extensively reported by the foreign press -- including NPR. Recently 34 international media organizations -- including NPR -- appealed to The Hague Tribunal asking it not to subpoena reporters. Specifically they want the Tribunal to set aside a subpoena for Jonathan Randal, formerly of The Washington Post.
'Critical to the Prosecution'
Randal reported extensively on the events in the Balkans for the Post. His testimony, based on his articles, might be critical to the prosecution, say investigators.
His situation is complicated because Randal is now retired and living in France where subpoenas from The Hague Tribunal are automatically enforced. Should he refuse, Randal faces a stiff fine and imprisonment under French law.
Randal has refused to appear and his appeal will be heard sometime this month.
But others disagree. Carol Off is a reporter for the Canadian Broadcasting Corporation. She covered the breakup of Yugoslavia and is now on leave from the CBC to write a book about what she saw. In response to a subpoena, Off has given the Tribunal research material and interviews about former Bosnia Serb commander Stanislav Galic. She along with other reporters, mostly from the BBC are co-operating with the Tribunal's investigators.
The dilemma is real. Journalists are -- for the most part -- moral beings who believe that their obligations as citizens extend outside their newsrooms where they are employed.
Yet acting as potential agents for the police and the prosecution tends to make journalists suspect in the eyes of many who are involved with politics.
Recent demonstrations in Washington, D.C., against the World Bank and IMF meetings involved a small minority who were involved in "actions" -- that's code for destruction of property and physical attacks against the police. These self-described anarchists also accuse the news media of handing over their videotapes and notes to the police without a warrant.
But with the Tribunal in The Hague, the issue is more threatening to many reporters.
'Are Journalists Informers?'
Will journalists who report from war zones automatically be considered witnesses for the prosecution for the winning side? Some worry that a military force that is losing the fight would be more willing to silence any potential witness... including killing reporters. Indeed, there is some speculation that's why Daniel Pearl was murdered in Pakistan.
News organizations used to be more amenable to "assisting the police with their inquiries." Local newsrooms were dependent on their police sources for good tips and access to "perp walks" when those accused of crimes were paraded out for the benefit of the news cameras.
News organizations have found out that a cozy relationship with the police or the military often comes with a price. That payment is usually delayed until the favor turns into a debt and when it is due, the cost can be high for the independence of the news organization or the safety of the reporter.
Richard Goldstone is the South African constitutional court justice who was the first chief prosecutor at The Hague Tribunal.
He understands the dilemma that reporters face in trying to find a balance among their legal, moral and journalistic obligations.
Goldstone wrote: "I would support a rule of law to protect journalists from becoming witnesses in situations that would place them or their colleagues in future jeopardy. The same should apply to humanitarian aid workers and Red Cross and Red Crescent delegates. They should not be compelled to testify lest they give up their ability to work in the field."
Justice Goldstone's definition of the boundaries of journalism may work in court, but not in the field where such subtle distinctions may be less useful.
Robert Fisk's definition may be the only workable one for now. Until a more universal system of justice exists, journalists and their employers will have to keep their distance from tribunals. To do otherwise would endanger journalists by making them appear to be inadvertent police agents.
Listeners may contact me at 202-513-3246 or at ombudsman@npr.org.
Jeffrey Dvorkin
NPR Ombudsman
|
