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Defense Department manual allows journalists to be punished

FILE - In this Aug. 20, 2015 file photo, Defense Secretary Ash Carter speaks during a news conference at the Pentagon. New Defense Department guidelines allow commanders to punish journalists and treat them as "unprivileged belligerents" if they believe journalists are sympathizing or cooperating with the enemy. (AP Photo/Manuel Balce Ceneta, File)

Washington • New Defense Department guidelines allow commanders to punish journalists and treat them as "unprivileged belligerents" if they believe the journalists are sympathizing or cooperating with the enemy.

The Law of War manual contains a vaguely worded provision that military commanders could interpret broadly, experts in military law and journalism say. Commanders could ask journalists to leave military bases or detain journalists for any number of perceived offenses.

A person deemed "unprivileged belligerent" is not entitled to the rights afforded by the Geneva Convention, so a commander could restrict from certain coverage areas or even hold indefinitely without charges any reporter considered an 'unprivileged belligerent,'" the 1,180 page manual says

The manual states, "Reporting on military operations can be very similar to collecting intelligence or even spying. A journalist who acts as a spy may be subject to security measures and punished if captured." It is not specific as to the punishment.

Defense Department officials said the reference to "unprivileged belligerents" was intended to point out that terrorists or spies could be masquerading as reporters.

Another provision says that "relaying of information" could be construed as "taking a direct part in hostilities." Officials said that is intended to refer to passing information about ongoing operations, locations of troops or other classified data to an enemy.

Army Lt. Col. Joe Sowers, a Pentagon spokesman, said it was not the Defense Department's intent to allow an overzealous commander to take action against journalists who write critical stories. "The Department of Defense supports and respects the vital work that journalists perform," Sowers said.

But Ken Lee, an ex-Marine and military lawyer who specializes in "law of war" issues, said it was worrisome that the detention of a journalist could come down to a commander's interpretation of the law. If a reporter writes an unflattering story, "does this give a commander the impetus to say, now you're an unprivileged belligerent? I would hope not," Lee said.

"I'm troubled by the label 'unprivileged belligerents,' which seems particularly hostile," said Kathleen Carroll, AP's executive editor.