Why have few journalists been prosecuted for incitement to war crimes?

Abstract

Why have few journalists ever stood in the dock for incitement to violate international humanitarian law? Their work as propagandists has been essential to governments committing war crimes, crimes against peace and genocide. The answer matters both because impunity emboldens further violation and because the traditional distinctions between news reporting, news commentary and propaganda, and between journalists, commentators and activists, have eroded due to global news markets and social media. After presenting a brief history of prosecutions and non-prosecutions to establish the relative infrequency of prosecutions, this article reviews possible explanations, several of which are revealed in the foregoing historical survey. This investigation will suggest a multi-causal explanation that leans heavily on assumptions about the privileged position of journalists in liberal societies.