Chapter 4: War propaganda and the denial of specific rights

As discussed in chapter 2, many of the rights that war propaganda limits are derogable in a state of emergency. Governments can therefore argue that they have a legitimate right in wartime to limit the extent of such rights.

However, this is perhaps harder to justify where those rights are directly infringed as a result of war propaganda. The HRC declared the prohibition of war propaganda to be non-derogable (chapter 2). Therefore rights infringed as a result of an illegal act (i.e. derogating from a non-derogable right) can not necessarily be excused by simply saying the rights concerned are derogable.

The use of war propaganda has a direct and detrimental effect on the upholding of specific rights such as freedom of information, as propaganda can clearly limit the availability of objective and impartial information to which citizens are entitled. In addition, many other rights are indirectly jeopardised because of climate which war propaganda creates.

4.1 Freedom of Information and Expression

The rights most obviously at risk from war propaganda are the rights to freedom of information and freedom of expression. These rights are inextricably connected: without the freedom to express information, there can be no access to a diversity of information sources. Likewise, without the freedom to access information, creative thought and the formulation of one's opinion based on the availability of a wide range of information is not possible.

Articles in several human rights instruments are specifically concerned with the free distribution of information.

• Articles 18, 19 and 20 of the Universal Declaration of Human Rights (UDHR) outline rights fundamental to enjoying the full distribution of information within society, namely freedom of thought, freedom of opinion and expression and freedom of peaceful assembly.
  
  
• As the first major human rights instrument of the post-war era, adopted by the General Assembly in 1948, the UDHR, has since been elaborated in a variety of thematic human rights treaties. These include the ICCPR and ICESCR which have been ratified by 151 and 148 States respectively[2], giving them widespread support within the international community.
  
  
• The key article in the ICCPR is Article 19 which states that "Everyone shall have the right to hold opinions without interference" and  "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."
  
  
• The International Convention on the Rights of the Child also emphasises freedom of information in article 13, which states: "The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice."

Freedom of information and expression are a vital component for the realisation of other rights. For example, without access to information on political parties, and the ability of political parties to express their opinions, a democratic voting system can not operate. Article 25 of the ICCPR therefore talks about "guaranteeing the free expression of the will of the electors."

Similarly, access to information is a prerequisite of the right to education outlined in article 13 of the ICESCR. There is also an emphasis on sharing of information at an international level, noted by the article's reference to education enabling "all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace."

It is clear however that in the case of war propaganda, the aim of governments is to restrict access to information about, for example, civilian casualties of the enemy side. So although such casualties may be given extensive coverage by the media of the opposing party, there is certainly no home government encouragement to share such information internationally, let alone to encourage the "understanding, tolerance and friendship" just mentioned.

4.2 Freedom of information: war propaganda's effects

Examples of how war propaganda can inhibit the rights to freedom of information include pre-war rallying in which governments present a one-sided view of the benefits of war as part of their approval strategy for proposed military action. This can includes bias, limited information, the inclusion of falsehoods or unsubstantiated rumour in official documents concerning the enemy.

Access to full and objective facts is therefore denied with the result that citizens and the media may support a war which they would otherwise question.

Governments then continue to restrict the free flow of information during and following war. This can include the failure to report civilian casualties or those of allied troops, so that the war appears 'clean' and more palatable to its supporters.

For example in the Iraq war 2003, critics accused the coalition of attempting to minimize bad publicity in an extended and difficult war[3]. Julian Borger of The Guardian found US military casualties to be "more than twice the number most Americans have been led to believe because of an extraordinary high number of accidents, suicides and other non-combatant deaths."[4] Meanwhile the body bags of deceased troops are "sanitized by the US Administration as `transfer tubes'", reports Tim Harper[5]. 

Similarly Coalition forces have not tracked civilian casualty figures in Iraq, saying it is too difficult to keep such information accurate and up-to-date. However according to Iraq Body Count there are over 21,000 civilian deaths as of May 2005.[6]

Access to information on the home governments role and culpability in war time is therefore severely restricted with severe implications for international justice, including that war crimes may not be exposed.  The Reporters Committee for Freedom of the Press for example, claims that because the United States has been such a dominating force in the Iraq War 2003 "there has yet to be video showing a bloody defeat of an Army unit or a news account of a blatant violation of the Geneva Convention." [7]

4.3 Marginalising the voice of dissent

War propaganda is designed to ensure maximum support for war. As such it exerts pressure on those opposed to war, by using the language of "you're with us or against us". Dissenters can be labeled as 'with the enemy' and traitors to their country.

Furthermore, dissenters are portrayed as outsiders who have chosen to reject the common good and whom are therefore deserving of their marginalisation. Paul Gilbert (1992) explains that those who dissent "are taken to have excluded themselves from the community by declining to exhibit the will to be part of it . This is seen as justifying the deprivation of some of the rights of membership, which serve as a warning of the consequences of hopeless opposition."[8]

Dissenters may therefore be less willing or able to air their views due to factors including the perceived disapproval of popular opinion, being publicly discredited by officials or having lack of access to media willing to carry their views. This could apply to members of the public, journalists, academics and politicians.

Daniel Hallin (1994) has theorized three regions of journalism[9]: In the first, the "sphere of consensus", journalists do not present opposing views and "act as advocates of consensus values". In the second realm is the "sphere of legitimate controversy where objective journalism reigns supreme".

In the third category lie the views "which journalists and the political mainstream . reject as unworthy of being heard". It is in this category which anti-war views are traditionally held. This results in the denial of a full spectrum of opinion and available views, skewing opinion to that of the government.

However even where two opposing views are given, this may still not be enough. David Detmer (1995) outlines the 'both sides' ideology whereby journalists invite debate by illustrating two sides of a story. Detmer comments "Members of the audience.are not encouraged to consider the possibility that both sides might share important points in common and that these points might be precisely those standing most in need of being challenged"[10]

In human rights terms, this failure to give access to all views is not justifiable. The importance of this diversity of view, relating specifically to the discrediting of dissenting voices, is expressed in article 5 of the Declaration on Contribution of the Mass Media which states: "In order to respect freedom of opinion, expression and information and in order that information may reflect all points of view, it is important that the points of view presented by those who consider that the information published or disseminated about them has seriously prejudiced their effort to . counter . incitement to war be disseminated."

However, in order to have views disseminated there needs to be media access, but as Edward Herman (1992) explains a "greatly underrated constraint on freedom of speech is dissenters' lack of access to the mass media, and thus to the general public. Their freedom is in an important sense only a personal freedom with limited public and social significance."[11]

Hollywood actors have been affected by mass media access, with the organizers of the 2003 Oscars drawing up a blacklist of people who were not allowed a platform to air anti-war views. "Meryl Streep, Sean Penn, Vanessa Redgrave, George Clooney, Dustin Hoffman and Spike Lee are among those who will not be speaking, amid fears they could turn the ceremony into an anti-war rally" commented Annette Witheridge of the Scotsman.[12]

The freedom of expression allowed to dissenting opinions has come under immense pressure since the September 11 attacks, particularly in the US which prides itself on its First Amendment[13]. Stephen John Hartnett in his article on US civil liberties (2002) notes that "In the weeks following the attacks, White House Press Secretary Ari Fleischer warned that "all Americans need to watch what they say, watch what they do," thus making it clear that free speech is no longer so free in a time of what the government may define as 'war'. "[14]

Hartnett continues with another example: "Speaking before the Senate Judiciary Committee, Attorney General John Ashcroft argued that those who dare criticize the government "only aid terrorists, for they erode our national unity and diminish our resolve."

Controlling the voice of dissent can also be more insidious, for example in societal pressure from simple disapproval of peers or colleagues to the threat or application of sanctions. Edward Herman (1992) comments: "The tendency to stifle serious dissent has been aggravated by a dominant US culture that has never been tolerant of `deviance`. This gives the state a freedom to repress upon slight and/or fabricated provocation. It means also that informal and less severe forms of reprisal can constrain dissent." [15]

Loss of one's job, or the threat of it, is an example of this 'informal reprisal'. The Screen Actors Guild has compared treatment of anti-war celebrities with the witch-hunts of the McCarthy era saying "Some have recently suggested that well-known individuals who express 'unacceptable' views should be punished by losing their right to work."[16]

This includes Martin Sheen who admitted that "TV executives had warned him his role in The West Wing could be threatened if his head stays above the parapet" and Sean Penn who claims producer Steve Bing sacked him from a proposed film because of his anti-war stance. In March 2003, war reporter Peter Arnett was sacked by NBC after he claimed that American war plans misjudged the determination of the Iraqi forces. Arnett claims that NBC came under "great commercial pressure from the outside" to fire him.[17]

Public hostility, which can result from a perceived rightness of the majority view promoted by war propaganda, can also discourage alternative voices. According to John MacArthur of Harpers Magazine (2001): "When it turns to war, when it turns to foreign policy crisis . there isn't . the sense that the patriotic thing to do is to tell the American people the truth and to try to be as impartial as possible and not to be the cats paw of the government. But when I say this on TV the reaction is overwhelming, there is tremendous hostility to the free press in this country."[18]

Another journalist, war reporter Chris Hedges, had a similar experience. Hedges spoke at the commencement ceremonies at Rockford College in May 2003, but when he suggested that the United States was wrong to invade Iraq, some members of the audience began heckling him. His microphone was unplugged twice and he eventually cut short his speech and left the campus accompanied by security guards.[19]

As the Iraq War 2003 progressed, further examples of this pervasive pressure came to light. Dixie Chicks singer Natalie Maines told a crowd at a London Dixie Chicks concert that "we're ashamed the president of the United States is from Texas". South Carolina legislators subsequently passed a bill declaring those words to be 'unpatriotic', disc jockeys organized rallies at which tractors were used to destroy Dixie Chicks CDs, radio stations declared themselves 'Chicks free' and there were calls for boycotts of the group's upcoming concert tour.[20]

John Nichols of The Madison Capital Times (2003) comments: "There was a clear signal coming from the entertainment industry in general, and the music industry in particular, about what happens when artists speak out."[21] Commenting on the Dixie Chicks ban, Bruce Springsteen said:

"The pressure coming from the government and big business to enforce conformity of thought concerning the war and politics goes against everything that (the USA) is about - namely freedom. Right now, we are supposedly fighting to create freedom in Iraq, at the same time that some are trying to intimidate and punish people for using that same freedom here at home."[22]

And so the public themselves, just as they can be unwilling to see the full impact of war, can also be a party to suppressing the dissenting opinion which would otherwise bring that full picture to light.

4.4 Right to Peaceful Assembly

Article 21 of the ICCPR states that:

"The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others."

Under article 21, it is possible for measures to be taken to compromise the right to peaceful assembly, on the basis of it being "necessary . in the interests of . public safety, public order", for example due to the health and safety implications of large crowd numbers.

In early 2003, critics accused the US government of clamping down on anti-war demonstrations in the run-up to the war on Iraq. The New York Police Department produced a 'Criminal Intelligence Section Demonstration Debriefing Form' which was used by officers to quiz arrested activists about their group membership, views on the Middle East, and whereabouts on September 11, 2001. Answers were entered into a computer database. First Amendment lawyers learned of the practice in early April 2003, calling it invasive and chilling.[23]

The New York Civil Liberties Union (NYCLU) released a report "Arresting Protest," in Aprl 2003 expressing its concerns about police handling of anti-war marches in New York City. NYCLU Executive Director Donna Lieberman claimed that:

On February 15, the NYPD engaged in the massive interference with peaceful protest, starting with the denial of a permit to march; excessive use of force, including the use of horses to charge into crowds of peaceful demonstrators and the use of pepper spray on people simply trying to get to the rally; and pervasive constitutional violations of those arrested, including political interrogations (and) denial of access to counsel."[24]

The right to peaceful assembly is threatened by a climate of war propaganda, as part of government desire to silence the voice of dissent. By making it difficult, uncomfortable and personally threatening to engage in protect activities, the right to freedom of expression and the right to peaceful assembly, both of which are essential components of peaceful protest, are compromised.

There is a clear link theoretical between the violation of these rights and the use of war propaganda, because a function of war propaganda is to alienate protestors and make it socially, morally and politically acceptable to silence their views.

4.5 Freedom from discrimination

Article 2, paragraph 1 of the ICCPR states: "Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

The effects of war propaganda however are inherently discriminatory. In order to 'make the enemy thoroughly hated' and predispose the public to war, the enemy must be characterised as worthy of destruction. This can lead to the production of caricatures and stereotyping of the enemy as evil, bestial and unpredictable. Examples of this are given above in the case of the Joint Chiefs of Staff Memorandum on Cuba (page 4), caricatures during the first Gulf war (page 8) and comments by the Arab American Institute on post-September 11 discrimination (page 28).

The result is the breeding of prejudice, distrust and hostility in the minds of domestic citizens and officials due to a lack of information about the enemy leadership, peoples and culture. This prejudice is not just confined to thoughts about the enemy in a far away land, but can produce acts of discrimination at home against members of these populations who are resident there.

The National Immigration Forum (2002) for example, reported that the US Justice Department announced it would track down and interview 5,000 Arabs in the US after the 11 September attacks. "They were interviewed not because they were suspected of having a connection to terrorism, but because they were Arab, in a certain age range, and newly arrived in the US"[25].

Irene Khan, Amnesty International's Secretary General has condemned propaganda which targets whole communities and incites discrimination. Khan says:

"Because of the real or alleged actions of a few individuals, entire communities - identified by race, religion or national origin - are being viewed with suspicion. The result is growing unease and uncertainty among large sections of the population. Racial profiling and detention of immigrants in the USA, and labelling of refugees and asylum-seekers as "terrorists" in Europe have compounded the stigmatization.

"In a climate of increasing xenophobia and racism, asylum-seekers are being sent back to face imprisonment, torture or death and violent attacks on members of minority communities are on the increase. Whipping up public fears in the interests of short-term political or electoral gains is a dangerous business."[26]

The implications of propaganda in the war against terrorism therefore impact not only on the right of freedom from discrimination, but lead indirectly to “torture or death and violent attacks”. War propaganda can literally mean life and death – and not just in terms of war casualties.

4.6 Press Freedom

The right to a free press is guaranteed by the combination of various other rights. These include:

• Freedom of information and expression (ICCPR article 19) which includes the "freedom to seek, receive and impart information and ideas . either orally, in writing or in print, in the form of art, or through any other media of his choice";
  
  
• The right to freedom indispensable for scientific research and creative activity (ICESCR article 15) which could involve the sharing and development of ideas through for example scientific journals; 
  
  
• The right to be protected from unlawful attacks on honour and reputation (ICCPR article 17) which could include a free press with channels of recourse and correction for distorted reporting.

The ICHRP (2002) sums up the right to a free press thus:

" . freedom of the media is itself a human right . At stake are two sets of rights: that of the media to report and express opinions as they see fit and that of the people to accurate and critical information regarding the actions of those in power. Other rights may be involved too - for example, those of opposition politicians who need the media to disseminate their opinions. In theory - and to a large extent in practice - the freedom of the media to go about their business without interference is held to guarantee all these interlocking rights."[27]

So, just as the prohibition of war propaganda is able to protect a range of rights including freedom of information and expression, so too press freedom also protects and supports such rights. The fact that press freedom is detrimentally affected by war propaganda illustrates the complex relationship between these rights, and the importance of securing and strengthening all the individual rights to provide a stronger framework for the whole.

One of the roles of a free press could be to educate the public about its role, particularly in a state of emergency, when freedom of information is threatened. In this way it may be possible to confront the prejudice encountered by the 'voice of dissent' discussed above.

War reporter, Peter Arnett, believes this is a valid role for the press. Arnett reported from the Iraqi side during the 1991 Gulf War and was heavily criticised. Phillip Knightly (2000) recounts: "On his return to the United States Arnett defended his role, saying that the media was partly to blame for the negative reaction because it had not educated the pubic about the function of a free press in wartime."[28]

The importance of freedom of the press can not be underestimated as a moderator of social injustice, including the use of war propaganda and its various messages. Denis McQuail (1997) notes that "the most practical instruments for protecting freedom and combating tyranny have involved using the means of communication to claim rights, criticise power-holders, advance alternatives."[29] Indeed for human rights campaigning organisations such as Amnesty International, public awareness activity forms the backbone of their campaigning efforts.

4.7 Academic Freedom

As mentioned above, article 15 of the ICESCR requires State Parties to respect "the freedom indispensable for scientific research and creative activity."  This has particularly important implications with regard to academic freedom, which includes for example freedom of choice of research, dissemination of findings, freedom to participate in professional bodies and freedom of opinion about the institution or system in which they work.

However, because academics have a valid role to play in challenging social norms and developing political, social and moral philosophies, they can be a threat to existing power structures. Janusz Symonides (1998) comments: "A thesis that the main functions of higher education include not only 'reproduction', consolidation of the status quo, but also the search for new solutions, change and reform of existing structures, political, economic and social, is far from being accepted in many countries."[30]

Academics make up a specific category of the voice of dissent and have been targeted as a result. The American Council of Trustees and Alumni released a report, which according to Stephen John Hartnett (2002) charged "academics who question either the causes of the war (in Afghanistan) or the means of its administration with undermining the nation's moral resolve."[31]

The report Defending Civilization: How Our Universities Are Failing America and What Can Be Done About It begins with a quote from Lynne Cheney. Cheney comments: "We need to understand that living in liberty is such a precious thing that generations of men and women have been willing to sacrifice everything for it. We need to know, in a war, exactly what is at stake." The implication of this statement is that in wartime, some human rights are worth sacrificing to maintain 'freedom', including the right to freedom itself - in this case of of expression.

The report continues:

"While America's elected officials from both parties and media commentators from across the spectrum condemned the (September 11) attacks and followed the President in calling evil by its rightful name, many faculty demurred. Some refused to make judgements. Many invoked tolerance and diversity as antidotes to evil. Some even pointed accusatory fingers, not at the terrorists but at America itself."[32]

These observations were made by an academic institution whose mission is to 'uphold high academic standards and safeguard the free exchange of ideas on campus'[33]. However, such unquestioning allegiance to government policy and failure to conduct analysis within the vital context discussed in chapter 3 above, only helps to create a climate in which academic freedom is not respected and in which citizens feel they have to take a clear-cut 'for' or 'against' stance.

Meanwhile, students have also been affected by the climate of fear which has been generated around September 11 and the Iraq war. In April 2003, two students of Oakland High were discussing the war in Iraq. After making comments about the President of the United States, their teacher "didn't consider it mere criticism, but a direct threat and she called the Secret Service".[34]

A fellow teacher at the school, Larry Felson said: "When one of the students asked, 'do we have to talk now? Can we be silent? Can we get legal council?' they were told, 'we own you, you don't have any legal rights,'" Felson continues: "What we're concerned about is academic freedom and that students have the right to free expression in the classroom. I don't know if (the children will) say anything about anything ever again. Is that what we want? I don't think we want that,"[35]

These examples underline the importance of the points made under the section on marginalizing the voice of dissent and show a clear connection between a climate of war propaganda and violations of academic freedom. In the latter case, through a sense of deep-seated fear and distrust of those questioning the 'party line', which is highly likely to have been influenced by government statements and mass media reports.

4.8 Other rights

As the quote in section 4.5 above by Irene Khan of Amnesty International highlights, war propaganda has extremely severe repercussions for human rights. On first sight it may not appear that war propaganda could influence for example the "imprisonment, torture, death and violent attack" faced by the refoulement of refugees resulting from xenophobia.

Another less obvious right affected by war propaganda is the right to a fair trial. However, this has been put at risk by a climate of government propaganda in the 'war against terror'. In a press conference on 17 July 2003, President Bush referred to the 'bad people'[36] at Guantanomo Bay, having previously referred to them as 'evil-doers'[37].

The Guantanomo Bay prisoners, like all those imprisoned awaiting trial are innocent until proven guilty. However the worlds of President Bush violate the right to a fair trial as they pre-suppose the guilt of those detained. This is particularly significant in the case of the Guantanamo Bay detainees as the President is the last point of appeal for those going through the military tribunal process at Guantanamo. Through his words, he has already indicated that any appeal they make will likely be fruitless.

The ultimate fate of those at Guantanamo Bay may be the death penalty, indicating the severity of such statements.

The right to life is affected in other ways too, not least in collaboration with the right to press freedom, with the deaths of the many media who have lost their lives reporting war. There have been allegations that media 'murders' on the battlefield are used, in John Simpson's words, as "the ultimate act of censorship"[38] in the war propaganda process.

The International Press Institute (2003) says that "some observers claim that they had been targeted as media workers"[39] and reporter Robert Fisk (2003) said "I suspect they were killed because the US . decided to try to "close down" the press"[40]. An extremely grave charge which would violate both international human rights law and international humanitarian law under the Geneva Conventions.

Protocol 1 of the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts contains measures of protection for journalists in Article 79. This states that "Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1". As such the media is afforded special protection including "general protection against dangers arising from military operations" and they "shall not be the object of attack"[41].

The Iraq war has had tragic consequences for the media. According to Reporters Without Borders, by November 2003, two media assistants and 10 journalists had been killed with at least 10 journalists wounded.  

Press freedom and media organisations expressed outrage when in April 2003 US troops bombed the Baghdad office of the pan-Arab TV station Al-Jazeera, killing one of its journalists. Reporters Without Borders commented that "To ensure the safety of its journalists, Al-Jazeera's management has been careful to inform the Americans of the exact location of its crews right from the start of the war. The US army cannot therefore claim it did not know where the Baghdad offices were."[42]

The US were also accused of killing two TV cameramen when they fired on the Palestine Hotel in Baghdad, where many foreign journalists were staying. Although US secretary of state Colin Powell claimed the attack was justified because it was in response to hostile fire, none of the dozens of journalists who witnessed the incident said they heard any shooting from the hotel or from nearby.[43]

The ICHRP (2002) gives concern for media targets a final worrying twist. Under the genocide convention, governments are required to "prevent . direct and public incitement to commit genocide"[44] and article 3 of The International Convention concerning the Use of Broadcasting in the Cause of Peace (discussed in section 2.1) also requires states to "stop without delay the broadcasting within their respective territories of any transmission which to the detriment of good international understanding is of such a character as to incite the population of any territory to acts incompatible with the internal order or the security of a territory of a High Contracting Party."[45]

In light of this, the ICHRP in its examination of the controversial NATO bombing of Serb state television in 1999 comments: "An even broader question concerns the extent to which such actions may make all journalists even more vulnerable to the easy charge that they are propagandists for their governments and therefore legitimate targets in war."[46]

 

References

[1] International Conference on Human Rights, Teheran, 12 May 1968, Resolution XXIII "Human Rights in Armed Conflicts" http://www.icrc.org/ihl.nsf/0/
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