The High Level Panel of Legal Experts on Media Freedom welcomes the Netherlands’ publication of a feasibility study on an international investigative task force on crimes against journalists

Friday 22 November 2024

Baroness Helena Kennedy LT KC (Chair), Ms. Catherine Amirfar and Professor Can Yeginsu (Deputy Chairs), and Mr. Nadim Houry (Member) of The High Level Panel of Legal Experts on Media Freedom have released a joint statement in relation to its recommendation of an International Investigative Task Force on crimes against journalists.

The full statement of the High Level Panel, for which the International Bar Association’s Human Rights Institute (IBAHRI) serves as Secretariat, appears below.

THE STATEMENT

22 November 2024

In November 2020, the High Level Panel of Legal Experts on Media Freedom issued its report entitled Advice on Promoting More Effective Investigations into Abuses Against Journalists report, which included the recommendation to establish an international investigative task force to help address the critical problem of impunity for crimes against journalists.

According to the United Nations Educational, Scientific and Cultural Organization (UNESCO), between 2006 and 2024 over 1,700 journalists have been killed globally, with close to nine out of 10 cases remaining judicially unresolved. Rampant impunity has a chilling effect on press freedom and a detrimental impact on democracy as a whole, and it is not limited to national borders. The High Level Panel considers that it is critical to the preservation and promotion of media freedom that those who commit crimes against journalists are held accountable for their actions.

In November 2023, the Government of the Netherlands (Co-Chair of the Media Freedom Coalition from 2022–2023) announced it had commissioned a study to assess the feasibility of establishing such a task force.

The High Level Panel welcomes the research study, developed by the T.M.C. Asser Institute and the Center for International Criminal Justice, and its core finding that there is a need for consistent and ongoing support for national and international investigations into crimes against journalists through the establishment of an international investigative support body (the ‘Investigative Body’). The study recommends the establishment of an investigative body that can adapt to different contexts and fulfil context-specific needs.

We commend the thorough examination of options and concrete recommendations proposed in the study for the practical establishment and operation of the Investigative Body. In line with the High Level Panel’s recommendations, the feasibility study clearly finds that not only is such a body necessary, but that there are very concrete ways to make it a reality through a multilateral effort by the Media Freedom Coalition and its Consultative Network.

What is needed now is the political will within the Media Freedom Coalition of States to make the Investigative Body a reality. That is why we call on the Media Freedom Coalition of States to carefully consider the findings of the feasibility study and to take forward the recommendations to establish the Investigative Body, including by committing political, financial and human resources; facilitating a pilot of the Investigative Body; and facilitating the negotiation of memoranda of understanding and other cooperation agreements with the states receiving assistance from the Investigative Body. The High Level Panel stands ready to support the Media Freedom Coalition of States in its consideration of this urgent and important work.

Time is of the essence, and we are confident that the Media Freedom Coalition will take steps to progress the recommendations made in the research study in the near future, including by adopting the recommended regional framework.

Baroness Helena Kennedy LT KC Chair of the High Level Panel of Legal Experts on Media Freedom

Catherine Amirfar Deputy Chair of the High Level Panel of Legal Experts on Media Freedom

Professor Can Yeginsu Deputy Chair of the High Level Panel of Legal Experts on Media Freedom

Nadim Houry Member of the High Level Panel of Legal Experts on Media Freedom and author of the High Level Panel report, Advice on Promoting More Effective Investigations into Abuses Against Journalists

ENDS

Contact: IBAHRI@int-bar.org

Notes to the reader:

  1. The statement follows the Advisory Enforcement Report, Advice on Promoting More Effective Investigations into Abuses Against Journalists, published by the High Level Panel of Legal Experts on Media Freedom in November 2020.
  2. The High Level Panel’s remit is to provide legal advice and recommendations to the Coalition and its partners, including international organisations, for the purposes of promoting and protecting a vibrant, free and independent media. The High Level Panel also provides individual States with legal advice in the form of legal opinions on draft legislation or legislation already in force, where media freedoms are engaged, as well as amicus curiae opinions at the request of a constitutional court or an international court in a media freedom case of general public importance.
  3. The International Bar Association’s Human Rights Institute serves as the Secretariat to the High Level Panel of Legal Experts on Media Freedom.
  4. Related material:
  5. The International Bar Association’s Human Rights Institute (IBAHRI), established in 1995 under Founding Honorary President Nelson Mandela, is an autonomous and financially independent entity, working to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

  6. Find the High Level Panel of Legal Experts on Media Freedom on social media here:
  7. Find the IBAHRI (@IBAHRI) on social media here:
  8. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's's bar associations could contribute to global stability and peace through the administration of justice.

  9. Find the IBA (@IBAnews) on social media here:

Website page link for this news release:

Short link: www.tinyurl.com/3t9hu38d
Full link: www.ibanet.org/The-High-Level-Panel-of-Legal-Experts%20on-Media-Freedom-welcomes-the-Netherlands-publication-of-a-feasibility-study-on-an-international-investigative-task-force-on-crimes-against-journalists