It is estimated that one hundred
million people have died in armed conflicts over the last century[1]. During such conflicts, civilians
make up the largest number of casualties and experience serious forms of abuse.
While women and girls suffer the same consequences during war like the rest of
the civilians, they also suffer specific forms of violence and abuse like
sexual abuse. They become victims of war.
In many instances the violence is predominantly ruthless. Although men
and boys may also be victims of gender based violence, women and girls remain
the primary target. Sexual and gender-based violence have progressively become
weapons of warfare. According to Koffi Annan, ‘All too often, conflict happens in
societies that can least afford it, takes its toll on those who least deserve
it and hits hardest those least equipped to defend themselves. Civilians have
become the main targets of warfare. From rape and displacement to the denial of
the right to food and medicines, women bear more than their fair share of the
burden.’[2] Sexual abuse and violence has
serious implications on women and girls including unwanted pregnancies,
transmission of sexually transmitted diseases and psychological trauma. In the
words of Major General Patrick Cammaert, former Deputy Force Commander, MONUC[3] “It is now more dangerous to be a
woman than a soldier in modern wars.”
The protection of women during armed
conflict is enshrined in both international humanitarian law applicable in
times of armed conflict and international human rights law. Generally,
International humanitarian law aims to humanize war by restricting means of
warfare and offering protection to civilians or persons not taking part in
hostilities. Civilians are therefore illegitimate targets. Recognizing that civilians in many armed
conflicts account for the majority of casualties of armed conflict,
international law seeks to ameliorate their conditions by granting them
protection. Such protection should be accorded without discrimination on
various grounds including sex. It covers areas such as inter alia;
●
Protection
against the effects of hostilities
●
Protection
against arbitrary treatment
Apart from the general protection of
all civilians, the four Geneva Conventions and the Additional Protocols
contains specific provisions on the protection of women during armed conflict;
1. Protection of women as civilians
Article 27 of the fourth Geneva
Convention relating to the Protection of Civilians in Armed Conflict
specifically provides that “Women shall be especially protected against any
attack on their honour, in particular against rape, enforced prostitution, or
any form of indecent assault.” The same protection is reiterated in Additional
protocol I of 1977 which subjects women to special respect. Similarly, Article
4(2) (e) of Additional Protocol II of 1977 prohibits: “Outrages upon personal
dignity, in particular humiliating and degrading treatment, rape, enforced
prostitution and any form of indecent assault”. Women are also protected under
the Rome Statute establishing the International Criminal Court. Under the
Statute rape and other acts of sexual violence constitute crimes against
humanity. In addition to rape and other acts of sexual violence any act that
‘outrages upon personal dignity, in particular humiliating and degrading
treatment, are war crimes in both international and non-international armed
conflicts’.
2. Protection of women as combatants
and prisoners of war
Not all women are victims of war,
some are actors and play a major role armed conflicts as combatants. Women who
take part in hostilities are protected under international humanitarian law
when they fall into the hands of the enemy. When captured by the enemy, the
third Geneva Convention Relative to the Protection of Prisoners of War calls
for favourable treatment to be given to women as that granted to men. All
prisoners of war are entitled to humane treatment and protection from violence.
It adds in Article 3 that "Women shall be treated with all consideration
due to their sex” and that "Differences of treatment between prisoners are
permissible only if such differences are based on the military rank, the state
of physical or mental health, the professional abilities, or the sex of those
who benefit from them"[4]. Combatants who are captured in
non-international armed conflict are not granted the status of prisoner of war
but are offered protection under Article 3 common to the four Geneva
Conventions. While in detention, special protection extends to their treatment
in detention. Men and women are to be
detained in separate institutions. Where the institution receives men and
women, such institution should ensure that different premises are allocated to
men and women. This protection is however specific to international armed
conflicts.
3. Special Protection
Special protection is also granted
to specific types of women. Pregnant women and mothers having dependent infants
in the event of an international armed conflict for example are granted special
protection. Protocol I[5] requires that "maternity cases
and pregnant women, who refrain from any act of hostility, shall enjoy the same
general protection as that accorded to the sick and wounded". They should
be given special care including adequate medical care and treatment. In cases
of arrest, detention or internment for example they should have their cases
considered with utmost priority.
Protection of women in times of
armed conflict is very important. Article 38 of The Vienna Declaration and
Programme of Action, 1993 emphasizes this importance. It states that
“Violations of the human rights of women in situations of armed conflict are
violations of the fundamental principles of international human rights and
humanitarian law. All violations of this kind, including in particular murder,
systematic rape, sexual slavery, and forced pregnancy, require a particularly
effective response."
[1] Rehn, and Johnson Sirleaf, E. (2002) “Introduction”
in Women, War and Peace: the Independent Experts‟ Assessment on the Impact of
Armed Conflict on Women and Women’s role in Peace building, UNIFEM, pp.1
[2] Former Secretary General, Kofi Annan, United Nations
Day for Women’s Rights and International Peace, 6 March, 2000, Press Release,
SG/SM/7325, WOM/1190. Extract from Special Report of Amnesty International on
the International Criminal Court. Fact sheet 7.
[4] Article 4
[5] Article 8
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