International Humanitarian Law (IHL) aims to minimize the impacts of armed conflicts by safeguarding non-combatants like civilians and regulating warfare tactics and tools. In International Humanitarian Law, it is acknowledged that men, women, and people with various gender identities have differing experiences of war, leading to unique requirements and susceptibilities, particularly in safeguarding women during conflicts.
Historical Background and Evolution of Gender in IHL
Over time, the perspective of IHL towards gender has developed, influenced by shifts in warfare, society’s perception of gender duties, and the encounters of women and diverse-gender individuals in conflict zones. The Geneva Conventions of 1949 and their Additional Protocols (1977) were ground-breaking in directly considering the protection requirements of women. They admitted that women in conflict situations need particular safeguards, particularly pertaining to their reputation, self-respect, and defence against sexual assault. The Fourth Geneva Convention, addressing civilians, contains provisions acknowledging that women are at heightened risk of specific types of violence during conflicts.[1]
It wasn’t until the latter part of the 20th century that a concentrated gender approach in IHL started to become popular, driven by support from international organizations and civil society. During the 1990s, following atrocities in conflicts such as those in Rwanda and the Balkans, there was a rise in worldwide recognition of the gendered aspects of war crimes. This led to the establishment of stronger international norms against sexual violence and gender-based violence (GBV) during armed conflicts.
Gender-Specific Protections in IHL for Women
IHL acknowledges that women, whether as civilians or fighters, encounter distinct dangers and obstacles during armed conflicts. As a result, it offers clear protections specific to gender, which can be categorized as:
Prevention of Sexual Violence: Sexual violence goes against international humanitarian law and is not allowed under the Geneva Conventions and the Additional Protocols. This includes rape, coerced prostitution, sexual enslavement, and other types of sexual violence, all classified as war crimes. The acts have been explicitly deemed criminal under the statutes of the International Criminal Court (ICC) and specific ad hoc tribunals like the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR). The Rome Statute of the ICC clearly states that sexual violence is considered as a crime against humanity and a war crime.
Special Care and Respect: According to Article 27 of the Fourth Geneva Convention, women have the right to “special protection” and should be respected for their dignity, especially to prevent any humiliating or degrading treatment. IHL mandates that special consideration and access to essential medical treatment be given to pregnant women and mothers of young children.
Precedence in Humanitarian Aid: Women, particularly those who are pregnant or have young children, are frequently prioritized in the distribution of relief supplies. The extra rules also require that women have priority in evacuation procedures and access to suitable shelter and sanitation facilities.
Combatants and POWs: Women who are combatants and prisoners of war are granted the same level of protection as men under the Third Geneva Convention. Female prisoners will be kept in different facilities than male prisoners and supervised by female guards to prevent the possibility of abuse.
UN Security Council Resolution 1325 in 2000 was a turning point, emphasizing the need to include women in peace talks and advocating for steps to safeguard them from gender-based violence. Subsequent resolutions followed, emphasizing the importance of protecting women in armed conflicts and acknowledging the lasting physical, psychological, and social effects of sexual violence on both individuals and communities.[2]
Assumptions in IHL: Women as “Vulnerable” Populations
One of the main criticisms of IHL’s perspective on gender is its basic belief that women are naturally vulnerable and require protection. In traditional IHL, women are usually seen as passive civilians with different protection requirements compared to male soldiers or other civilian populations. This classification is visible in regulations like Article 27 of the Fourth Geneva Convention, which requires “special protection” for women, especially from sexual violence. While the intentions may be good, this method can continue stereotypes by only showing women as victims and highlighting the belief that women have no control in conflict settings.
This assumption does not take into account the various positions women have in conflicts, such as fighters, decision-makers, and peacemakers. For instance, even though women fighters are at risk of challenges like sexual violence, they are usually granted less safeguards under IHL as a result of gender prejudices that do not acknowledge their involvement in conflict. This framing downplays women’s agency and hinders their ability to fully access the rights and protections given to combatants or detainees.
Shortcomings in Addressing Gender-Based Violence
While sexual violence is forbidden in conflict by IHL, the enforcement of these rules is frequently insufficient. Sexual violence is acknowledged as a strategy of conflict, employed to frighten, relocate, and weaken societies, but international humanitarian law has faced challenges in stopping this behavior. Although sexual violence is now considered a war crime under the Rome Statute, enforcement is still not uniform.
Critics contend that IHL does not offer sufficient means of enforcement to deter sexual violence against women. Measures to address rape and sexual violence are often lacking in practical steps for ensuring accountability, which makes it difficult to hold perpetrators responsible. Survivors of sexual violence often experience shame and struggle to seek justice because reporting options are limited, support is lacking, and institutional systems are weak. Even when global courts have heard cases of sexual violence, justice is still out of reach for many victims, highlighting a notable disparity between theoretical protections of international humanitarian law and actual results.
Cultural and Social Obstacles: Gender role cultural norms in certain situations could hinder or complicate the implementation of women’s IHL protections. The stigma related to sexual violence can stop survivors from reporting abuse or seeking help. Societies in conflict zones may perceive women as passive victims instead of active participants, restricting their involvement in peace negotiations.
Conclusion
The intersection of gender and IHL forms a framework to protect women’s dignity, security, and agency in times of armed conflict. Despite advancements in enhancing safeguards for women under IHL, stronger enforcement measures and accountability systems are still required to guarantee adherence.
The way forward requires taking multiple crucial measures:
- Making sure that individuals who violate International Humanitarian Law, especially in terms of Gender-Based Violence, are brought to justice through both local and international legal systems.
- Military, peacekeeping, and humanitarian personnel require thorough education on gender sensitivity and prevention of gender-based violence.
- Going past the perception of women solely as victims, IHL and peace-building frameworks need to promote the active involvement of women in peace processes.
In the end, obtaining gender-sensitive protection in IHL involves more than just following legal norms; it also entails societal changes that acknowledge women’s distinct experiences in conflict.
[1] “Gender and IHL”, International Committee of the Red Cross, 2 July 2024, www.icrc.org/en/law-and-policy/gender-and-ihl, (Date of Access: 05.11.2024).
[2] “Gendered impacts of armed conflict and implications for the application of IH”, Humanitarian Law & Policy Blog, 1 May 2024, blogs.icrc.org/law-and-policy/2022/06/30/gendered-impacts-of-armed-conflict-and-implications-for-the-application-of-ihl, (Date of Access: 05.11.2024).
