This article is written by Ms. Anjali Singh Bagri, a Third-year student of NMIMS, Indore.
ABSTRACT
Women and girls who have been internally displaced due to armed conflict, together with female heads of family, are more vulnerable to various forms of abuse, including sexual violence. Oftentimes, displaced women and female heads of homes are left to raise their children alone because their husbands are absent, in detention, or fighting. This entails supplying the family’s money on their own, making decisions regarding the education of their children, and ensuring the family’s safety on their own.This study examines the complex role that women play in armed conflicts, paying particular attention to the obstacles and legal protections that women encounter. The study explores human rights frameworks, international humanitarian law, and numerous treaties that work to protect women’s rights in times of conflict. The essay also looks at the real-world difficulties that women face, both during and after conflicts. This study examines the current legal framework to find weaknesses and make suggestions for improving the protection of women in armed situations.
INTRODUCTION
Societies are greatly impacted by armed conflicts, and women are frequently the targets of these crises, posing particular difficulties and vulnerabilities. This study examines the legislative structures designed to safeguard women in times of armed conflict, highlighting the importance of gender-sensitive strategies. It also tackles the structural, social, and cultural obstacles that prevent these safeguards from being implemented effectively. Women and girls have historically been the targets of violence during times of war, particularly sexual violence. They have also been left out of initiatives aimed at preventing and resolving conflicts. Women and girls in conflict still confront many obstacles in spite of growing awareness and mobilisation at the local and international levels. Women are frequently kept out of discussions on peace and security council negotiations due to a lack of high-level leadership that is committed to integrating women’s rights. It is difficult for grassroots groups focusing on women’s local peacebuilding and service delivery to secure sufficient and reliable funding.
INTERNATIONAL HUMANITARIAN LAW
The 1949 Geneva Convention and its 1977 Additional Protocols, along with other international treaties, customary international law, and general law precepts, form the basis of international humanitarian law (IHL). The first four 1949 Geneva Conventions and their Additional Protocols contain around forty-two articles specifically addressing the rights granted to women, even though all rules are intended to apply to men and women equally. Their function as mothers—that is, expectant mothers, nursing mothers, and moms of small children—and the necessity of shielding them from sexual abuse are the primary reasons for their specific protection.
In theory, all of IHL’s regulations are advantageous to women. This fact is stated in the following lines in the general provision of Common Article 3 of the Geneva Convention:
“Under no circumstances should persons who do not actively participate in hostilities be treated less favourably on the basis of race, colour, religion or faith, sex, place of birth or income, or any other comparable characteristics.”
A vital function that international humanitarian law performs is in controlling armed conflicts and safeguarding civilians, especially women. The study looks at important IHL clauses that particularly address protecting women, like the ban on discrimination and sexual assault. It also examines issues concerning the national and international implementation and observance of these laws.
A system of equal treatment is established by the four 1949 Geneva Conventions and their two 1977 Additional Protocols, which forbid discrimination against civilians, prisoners, displaced people, special people, the ill, injured, shipwrecked, or those subject to punishment. Sex discrimination is only acceptable when it is anticipated to have a positive outcome. The regulations granting women more protection under the Geneva Convention and its Additional Protocols are authorised by this perspective on equality. Broad definitions that demand that women be accorded particular respect and protection form the foundation of the system of special provisions for women. Women “must be treated with all consideration due to their sex,” according to Articles 12(4) and 12(5) of the Geneva Conventions I and II. Women “shall be the object of special respect and shall be protected in particular against rape, forced prostitution, and any other form of indecent assault,” according to Article 76(1) of the Additional Protocol I. Article 88 of the Geneva Convention III declares that “Women prisoners of war must be treated with all the regard due to their sex and must in all cases benefit from treatment as favourable as that granted to men.”
Women who are internees or prisoners of war are granted extra rights to guarantee equitable treatment. Women’s rights to separate quarters and prompt supervision are stipulated in Articles 25 and 76 of the Geneva Convention III, Additional Protocol II, and Article 76 of the Geneva Convention IV. Geneva Convention III Article 88 states that “Female prisoners of war may not be sentenced to more severe punishment or be treated more severely when undergoing punishment than female or male members of the detaining power’s forces for a similar offence.” Article 14 of the Geneva Convention III makes it clear that “[women prisoners] must, in all cases, benefit from treatment as favourable as that granted to men.” These rules are crucial because they demand that male and female inmates be treated equally and that women’s sentences for comparable offences not be harsher than those meted out to men.
Women are further protected during armed conflicts by human rights agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Universal Declaration of Human Rights. Beyond simply being victims, women have active roles in violent situations as soldiers, peacekeepers, or humanitarian workers. Women face particular difficulties in the wake of armed wars, such as financial hardships, family loss, and displacement.
There are still flaws in the legislation that should safeguard women during violent conflicts. This section points out these weaknesses and makes suggestions for bolstering the law’s safeguards. Increasing the representation of women in peace talks, strengthening the accountability systems for those who commit acts of gender-based violence, and facilitating the legal system’s accessibility for women impacted by armed conflicts are some of the recommendations.
Beyond their traditional role as victims, many women actively participate in violent wars as soldiers, peacekeepers, or humanitarian workers. This part examines the real-world difficulties faced by women in combat, highlighting the importance of gender-sensitive training and touching on topics like sexual harassment and exploitation among military personnel.
Women have a variety of roles in armed wars, including fighting responsibilities, peacekeeping duties, and providing humanitarian relief. Women participate actively, however they are frequently the targets of discrimination and stereotyping. It is imperative to acknowledge and value the diversity of women’s roles on the battlefield in order to promote inclusivity and honour their achievements. Gender-sensitive training is essential to guaranteeing women’s successful integration into the armed forces and peacekeeping operations. It is imperative that military personnel possess the requisite knowledge and abilities to effectively comprehend and tackle the unique requirements and challenges encountered by women. This covers instruction on how to stop gender-based violence, how to be sensitive to cultural variances, and how to foster an inclusive and polite environment in military units.
Sexual exploitation and harassment of women in military ranks is one of the most serious issues that women in armed situations encounter. This problem damages military operations’ overall efficacy in addition to the morale of female personnel. To handle and prevent such wrongdoing, comprehensive policies and practices are needed. These should include accountability measures, clear reporting procedures, and awareness programmes aimed at promoting a respectful culture.
Breaking gender norms and preconceptions requires supporting and encouraging women in non-traditional roles, such as peacekeepers or soldiers. This entails dispelling myths regarding women’s potential in the military and establishing settings that promote gender equality for men and women. In the military, gender equality can be promoted and attitudes can be shifted by highlighting and applauding the accomplishments of women in non-traditional roles. In order to address the particular difficulties that different groups of women in armed conflicts experience, it is imperative to acknowledge the interconnectedness of gender with other identities, such as race, ethnicity, and socioeconomic class. To guarantee inclusivity and equitable chances for all women participating in conflict situations, policies and training programmes should be adjusted to take these intersecting elements into consideration.
CONCLUSION
In conclusion, this research delves into the multifaceted role of women in armed conflicts, shedding light on the obstacles and legal protections they encounter. Women and girls, particularly those internally displaced due to armed conflict, along with female heads of families, face heightened vulnerability to various forms of abuse, including sexual violence. Their resilience is often tested as they navigate the challenges of raising children alone, making crucial decisions about education, and ensuring the safety of their families.
The study underscores the critical need to examine the legal frameworks established to safeguard women’s rights during armed conflicts. International Humanitarian Law (IHL), encompassing the 1949 Geneva Conventions and their 1977 Additional Protocols, stands as a crucial foundation. IHL acknowledges the distinct vulnerabilities of women, particularly as mothers, and seeks to shield them from sexual abuse. However, despite these legal provisions, the study reveals that the real-world difficulties women face persist, necessitating a closer examination of the enforcement and compliance with these laws at both national and international levels.
The role of women in armed conflicts goes beyond victimhood, with active participation as combatants, peacekeepers, or aid workers. However, the practical challenges they encounter on the battlefield, including gender-based violence and discrimination, highlight the need for gender-sensitive training for military personnel. Addressing sexual exploitation and harassment within military ranks is crucial for maintaining morale and operational effectiveness.
The study also recognizes the importance of international human rights agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Universal Declaration of Human Rights in providing additional protections for women during armed conflicts. Nevertheless, it identifies persistent flaws in the legal framework and proposes recommendations for improvement. Strengthening accountability mechanisms for gender-based violence, increasing the representation of women in peace talks, and enhancing the accessibility of the legal system for women affected by armed conflicts are among the key suggestions.
In conclusion, this research serves as a call to action, urging policymakers, legal authorities, and the international community to address the existing gaps in the legal protections for women in armed conflicts. By recognizing the diverse roles women play, implementing gender-sensitive strategies, and fostering inclusivity, we can strive towards a more equitable and secure world for women impacted by the complexities of armed conflicts. The study provides a foundation for further research and policy initiatives to enhance the protection and empowerment of women in these challenging circumstances.
REFERENCES
https://www.hrw.org/topic/womens-rights/women-and-armed-conflict