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This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.
The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.
Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.
The gender-differentiated and more severe impacts of armed conflict upon women and girls are well recognised by the international community, as demonstrated by UN Security Council Resolution (UNSCR) 1325 on Women, Peace and Security and subsequent resolutions. Similarly, the development community has identified gender-differentiated impacts upon women and girls as a result of the effects of climate change. Current research and analysis has reached no consensus as to any causal relationship between climate change and armed conflict, but certain studies suggest an indirect linkage between climate change effects such as food insecurity and armed conflict. Little research has been conducted on the possible compounding effects that armed conflict and climate change might have on at-risk population groups such as women and girls. Armed Conflict, Women and Climate Change explores the intersection of these three areas and allows the reader to better understand how military organisations across the world need to be sensitive to these relationships to be most effective in civilian-centric operations in situations of humanitarian relief, peacekeeping and even armed conflict. This book examines strategy and military doctrine from NATO, the UK, US and Australia, and explores key issues such as displacement, food and energy insecurity, and male out-migration as well as current efforts to incorporate gender considerations in military activities and operations. This innovative book will be of great interest to students and scholars of international relations, international development, international security, sustainability, gender studies and law.
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
This title offers a new way to think about human rights and the type of harm caused by discrimination globally. It traces the growing recognition of intersectionality in the work of human rights organizations around the world. This work argues that these groups should look for ways to fully incorporate intersectional analysis into the work they do.
Demonstrates that women are taking on increasingly less traditional roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. Reveals that women's requirements during times of war will continue to be inadequate so long as we continue silencing the differing perspectives. Australian editors.
Examining the influence of gender constructs on the international regime protecting war-affected civilians, R. Charli Carpenter examines how in practice belligerents, advocates and humanitarian players interpret civilian immunity so as to leave adult civilian men and older boys at grave risk in conflict zones. Providing a wealth of ground-breaking case studies, the author argues that in order to understand the way in which laws of war are implemented and promoted in international society we must understand how gender ideas affect the principle of civilian immunity. Each case study demonstrates the importance of assumptions about gender relations in shaping international politics, and in developing a framework for incorporating an attention to gender into the often gender-blind scholarship on international norms. As such, this book will be of interest to international relations theorists and to human rights scholars, students and activists alike.
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.