Introduction:

At wartime all people (men and women) inevitably leave their homes. They are wounded or killed at these times and can hardly make subsistence even after war. On the other hand, in regional wars the life of women is inappropriately affected by conflicts between opposing groups. Therefore, their experiences mainly differ from those of men in such eras. While the majority of men are either killed or wounded during war, women become the victim of sexual harassment, rape and AIDS. They have to hold a fetus in their wombs which is the product of rape. In the course of conflicts, women also experience another form of violence by losing their relatives or remaining unaware of the conditions of their families.1 War is not just a mans business. In todays conflicts, the impact of fighting on women can be severe. Humanitarian law recognizes this in the general protection it affords to both women and men, as well as in some specific provisions providing additional protection to women. The general provisions of IHL also forbid hostage taking and the use of human shields. In recent conflicts there have been abuses, particularly the use of women and children to shield combatants from attack. In addition, women must be especially protected from sexual violence. This includes rape, forced prostitution and any other form of indecent assault, all of which constitute war crimes. The threat of sexual violence against women must be prohibited. Women prisoners must be housed separately from men in particular to avoid sexual abuse. Women in the civilian population also take on major responsibility for coping with other consequences of armed conflict. War disrupts food supplies and production. Health facilities, so essential to mothers and children, are destroyed. Transport, water and fuel may be affected.

Position of women after World War 1:

Since the number of women who actually participated in war was insignificant until the outbreak of World War 1, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners
1

Hengameh Ghazanfari and Touraj Ahmadi, The Position Of Women And Children In The International Humanitarian Law System, International Journal Of Research In Social Science, Nov. 2013, Vol. 3, No. 3, P. 59.
Copyright 2014. DEADLY LAW

of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land. From 1929 onward, women have enjoyed special protection under international humanitarian law. In that year, the Powers which adopted the Geneva Convention relative to the Treatment of Prisoners of War sought to take into account a new phenomenon: the participation of a relatively large number of women in the war of 1914-1918. This international legal instrument contained two provisions of particular interest: "Women shall be treated with all consideration due to their sex" (Art. 3). "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" (Art. 4).2

Activity during World War II:

It must not be forgotten that at the outbreak of this war only the prisoners of war were under legal protection with respect to internment, thanks to the Geneva Convention of 27 July 1929 relative to the treatment of prisoners of war. Civilians had no legal protection in that respect, which did not facilitate matters for the ICRC. At the beginning of the conflict, the ICRC had no occasion to intervene on behalf of women prisoners of war, either because their treatment was in conformity with the provisions of the Convention or because intervention was impossible. On 2 October 1944, the Polish army of General Bor-Komorowski laid down its arms. The terms of the capitulation recognized the status of prisoners of war of all the combatants who surrendered to the German forces, including the army's female auxiliary personnel. Unfortunately, the German authorities did not respect these clauses of the capitulation, and the ICRC delegates who visited the camps where the women were held could do not hang but corroborate the complaints of these prisoners: the overcrowding and discomfort of the quarters, the lack of heat, clothing and food, the imposition of heavy work, etc. Upon making representations to the German authorities, the ICRC received assurances that there would be no more forced labour for the women auxiliaries and that they would be interned in separate camps
2

Francoise Krill, The Protection Of Women In international Humanitarian Law, Introduction To International Humanitarian Law, First impression, 1997, Published by ICRC, Regional Delegation, New Delhi, P. 194.
Copyright 2014. DEADLY LAW

where they would receive treatment appropriate to their sex and state of health. Despite these assurances, the ICRC delegates did not observe any particular improvements in subsequent visits. In view of the importance of the problem, the ICRC on 9 January 1945 addressed a general appeal to the German, British, French and American governments drawing attention to Articles 3 and 4 of the Convention (see Introduction) and laying stress on the appropriate differentiated treatment which should be accorded to women prisoners of war. The replies of the American and French governments disclosed that only very few women belonging to the German Army were in the hands of these Powers, and that such prisoners were accommodated in special camps or in compounds set apart for them in ordinary PW camps. These two governments further stated their intention to repatriate women PWs without delay, beginning with expectant mothers and the sick, and without making it a condition that the German Government should take similar action. The repatriation of German women PWs was effected in part by way of Switzerland; the Committee approached the Swiss authorities to allow their passage through Swiss territory. In February 1945, acting on a request from the Polish Red Cross in London, the ICRC began negotiations to secure the accommodation in Switzerland of women prisoners from General Bor-Komorowski's army. The German and Swiss governments had signified their agreement in principle to the transfer when, with the fall of the Reich, it became unnecessary.3

The Provisions Of The Law Of Armed Conflict Relating To Women At The Time Of The Adoption Of The Universal Declaration Of Human Rights:
There were occasional references to the protection of women in some of the earliest documents of the law of armed conflict. For example, Article XLVII of the Lieber Code punished those responsible for the rape of inhabitants of a hostile country. Until recently,
3

The Protection of Women in International Humanitarian Law, International Review of the Red Cross, No. 249, By Franoise Krill; Available at http://www.icrc.org/eng/resources/documents/misc/57jmfj.htm Last Visited on 3/4/2014
Copyright 2014. DEADLY LAW

however, sexual violence against women was never taken seriously. Rape was not listed as a war crime at Nuremberg, despite the high incidence of sexual violence during the Second World War. Indictments before the Tokyo Tribunal did contain charges of rape and some individuals were convicted for their failure to ensure that subordinates complied with the law. Moreover, the occupying powers included rape as a war crime in the charters of their national courts set up to try offences committed in Germany, although no prosecutions were ever undertaken on this basis. Generally, however, rape and sexual violence against women were regarded as an inevitable aspect of armed conflict and seldom if ever prosecuted. The four 1949 Geneva Conventions, which at the time of their adoption were the major instruments protecting the victims of armed conflict (and with their two 1977 Protocols remain so today), contain some 19 provisions that are specifically relevant to women. The scope of these rules is somewhat limited and many of them are in fact designed to protect children. Overall, the aim of the Conventions is to provide special protection for pregnant women, nursing mothers and mothers in general and to address the vulnerability of women to sexual violence in times of armed conflict. Significantly, Article 27(2) of the Fourth Geneva Convention contains the first provision specifically dealing with rape and requires that women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Although this article constitutes a long overdue recognition that rape is unacceptable in times of armed conflict, the extent and gravity of the practice are not acknowledged since the provision falls outside the system of grave breaches of international humanitarian law (under this system States are obliged to seek out and punish persons responsible for failing to observe certain designated provisions of the Conventions). Article 27(2) has also been criticized on the grounds that, like many of the provisions relating to women, it categorizes rape as an attack on the victims honour and thus does not reflect the seriousness of the offence of sexual violence. Apart from the protection afforded under such articles, which is clearly valuable as far as it goes, any indication that the difficulties women experience in armed conflicts might be

Copyright 2014. DEADLY LAW

distinctive and encompass wider issues than their roles as mothers and victims of sexual violence is not discernible in the provisions of the Geneva Conventions.4

Role Of United Nations Towards Rights Of Women:

In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. In doing so, UN Member States took an historic step in accelerating the Organizations goals on gender equality and the empowerment of women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system, which focused exclusively on gender equality and womens empowerment:

Division for the Advancement of Women (DAW) International Research and Training Institute for the Advancement of Women (INSTRAW)

Office of the Special Adviser on Gender Issues and Advancement of Women (OSAGI) United Nations Development Fund for Women (UNIFEM)

The main roles of UN Women are:

To support inter-governmental bodies, such as the Commission on the Status of Women, in their formulation of policies, global standards and norms.

To help Member States to implement these standards, standing ready to provide suitable technical and financial support to those countries that request it, and to forge effective partnerships with civil society.

To hold the UN system accountable for its own commitments on gender equality, including regular monitoring of system-wide progress.

Meeting The Needs Of The Worlds Women:

Judith Gardam, Women, Human rights and International Humanitarian Law, 30 -09-1998 article, International Review of the Red Cross, No. 324.
Copyright 2014. DEADLY LAW

Over many decades, the UN has made significant progress in advancing gender equality, including through landmark agreements such as the Beijing Declaration and Platform for Action and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Gender equality is not only a basic human right, but its achievement has enormous socio-economic ramifications. Empowering women fuels thriving economies, spurring productivity and growth. Yet gender inequalities remain deeply entrenched in every society. Women lack access to decent work and face occupational segregation and gender wage gaps. They are too often denied access to basic education and health care. Women in all parts of the world suffer violence and discrimination. They are under-represented in political and economic decision-making processes. For many years, the UN has faced serious challenges in its efforts to promote gender equality globally, including inadequate funding and no single recognized driver to direct UN activities on gender equality issues. UN Women was created to address such challenges. It will be a dynamic and strong champion for women and girls, providing them with a powerful voice at the global, regional and local levels. Grounded in the vision of equality enshrined in the UN Charter, UN Women, among other issues, works for the:

elimination of discrimination against women and girls; empowerment of women; and achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.5

United Nations Resolutions:

However, the UN Security Council now recognizes that womens exclusion from peace processes contravenes their rights, and that including women and gender perspectives in decision-making can strengthen prospects for sustainable peace. This recognition was formalized in October 2000 with the unanimous adoption of resolution 1325 on women, peace and security. The landmark resolution specifically addresses the situation of women in armed conflict and calls for their participation at all levels of decision-making on conflict resolution and peace building.
5

About UN Women; Available at http://www.unwomen.org/en/about-us/about-un-women, Last Visited on (3/4/2014)

Copyright 2014. DEADLY LAW

Since the agenda was set with the core principles of resolution 1325, three supporting resolutions have been adopted by the Security Council 1820, 1888 and 1889. The four resolutions focus on two key goals:

Strengthening womens participation in decision-making Resolution 1325 (2000) calls for strengthening womens agency as peacemakers and peace builders, including their participation in conflict prevention and peace processes, early recovery, governance and in peace operations. Resolution 1889 (2009) complements 1325 by calling for the establishment of global indicators to measure progress on its implementation.

Ending sexual violence and impunity Resolution 1820 (2008) calls for an end to widespread conflict-related sexual violence and for accountability in order to end impunity. Resolution 1888 (2009) focuses on strengthening leadership, expertise and other institutional capacities within the United Nations and in the tao of badass member states to help put an end to conflict-related sexual violence. Together, these resolutions provide a powerful framework and mandate for implementing

and measuring change in the lives of women in conflict-affected countries. A number of other thematic resolutions, policies and legal instruments also overlap and complement this agenda.6

UNIFEM:
The United Nations Development Fund for Women, commonly known as UNIFEM was established in December 1976 originally as the Voluntary Fund for the United Nations Decade for Women in the International Women's Year. Its first director was Margaret C. Snyder, Ph.D. It provides financial and technical assistance to innovative programmes and strategies that promote womens human rights, political participation and economic security. Since 1976 it has supported womens empowerment and gender equality through its programme offices and links with womens organizations in the major regions of the world. Its work on gender responsive budgets began in 1996 in Southern Africa and has expanded to include East Africa, Southeast Asia, South Asia, Central America and the Andean region. It has worked to increase awareness
6

A portal on Women Peace and Security; Available at http://www.womenwarpeace.org Last Visited on 3/4/2014

Copyright 2014. DEADLY LAW

throughout the UN system of gender responsive budgets as a tool to strengthen economic governance in all countries.

Role Of ICRC Towards Protection Of Women During War:

The ICRC assists women victims of conflict as part of its broader mandate to protect and assist all victims of conflict. However, since women do have specific protection, health and assistance needs, the ICRC focuses attention on ensuring that these needs are adequately and appropriately addressed in all its activities. In particular, it puts emphasis on the protection which must be accorded to women and girls, and to spread awareness among weapon bearers that sexual violence in all its forms is prohibited by humanitarian law and should be vigorously prevented. Women and girls predominantly experience armed conflict as civilians and as such are often exposed to acts of violence, including; death and injury from indiscriminate military attacks and the prevalence of mines; lack of the basic means of survival and health care; Limitations on their means to support themselves and their families.

Disappearances, hostage-taking, torture, imprisonment, forced recruitment into the armed forces, displacement these all happen to women and girls, as well as men and boys. More specific but not exclusive to women and girls is the crime of sexual violence. Since wars began, rape and other forms of sexual violence have been used as a means of warfare, to humiliate and subjugate the enemy. Violations such as rape, enforced prostitution, sexual slavery and enforced impregnation or enforced t e rm i nat i on o f pr e gnanc y ar e hei nous attacks against the life and the physical and psychological integrity of the person, and are recognized as such under humanitarian law. Although women are frequently portrayed solely as victims, this does not reflect reality. Women throughout the world are showing not only that they can be extremely resilient, but also that they can put their ingenuity and coping skills to full use in their daily roles as heads of household, breadwinners and care providers within their families and communities. Such capacities are helping to sustain and rebuild communities torn apart by conflict. Women also take an active part in war, indirect combat as part of a military force, and may support their men folk who are fighting. As combatants captured by the enemy, women are afforded protection equal to that of men under humanitarian law. The law recognizes
Copyright 2014. DEADLY LAW

womens need for special protection according to their specific needs. Women fighters, like their male counterparts, must also be instructed in the law of war, so that they can act in accordance with the rules.7

The Protection Of Women In International Humanitarian Law:

Ever since its inception, international humanitarian law has accorded women general protection equal to that of men. At the same time the humanitarian law treaties recognize the need to give women special protection according to their specific needs. This protection is enshrined in the four Geneva Conventions of 12 August 1949 for the Protection of War Victims and their two Additional Protocols of 8 June 1977. The Conventions and Protocols protect women (and men) as members of the civilian population not taking part in an armed conflict. Women (and men) as members of the armed forces are also protected when captured by the enemy. Some of the key provisions of this law are outlined below. The Law Of International Armed Conflicts Women who have taken an active part in hostilities as combatants are entitled to the same protection as men when they have fallen into enemy hands. The Third Geneva Convention relative to the Treatment of Prisoners of War stipulates that prisoners of war shall be treated humanely at all times. Besides this general protection, women are also afforded special protection based on the principle outlined in Article 14, paragraph 2, that "women shall be treated with all the regard due to their sex." This principle is followed through in a number of provisions which expressly refer to the conditions of detention for women in POW camps, e.g. the obligation to provide for separate dormitories for women and men and for separate sanitary conveniences. The principle of differentiated treatment for women also resulted in provisions relating to the separate confinement of women from men and the immediate supervision of women by women. The Law On Non-International Armed Conflicts

Discover The ICRC, ICRC Regional Delegation for South Asia, New Delhi, P. 24.

Copyright 2014. DEADLY LAW

Women (and men) who take an active part in the hostilities in a non-international armed conflict do not have prisoner-of-war status when they fall into enemy hands. However, in such a case they are entitled to the fundamental guarantees afforded by Article 4 of Additional Protocol II relative to the Protection of Victims of Non-International Armed Conflicts. Basically, they are entitled to the same protection as men, but they also have a right to special treatment. Persons not taking part in such a conflict are protected by Article 3 common to the four Geneva Conventions. While it contains no special provision on the protection of women, this rule establishes fundamental guarantees for the treatment of all persons not taking part in the hostilities. Furthermore, Additional Protocol II stipulates in general terms that "outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault" are forbidden. Protocol II also provides for special treatment of women who are arrested, detained or interned in relation to the hostilities. In such cases, "except when men and women of a family are accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women." Women as members of the civilian population are also protected against the effects of hostilities in non-international conflicts. Article 13 of Protocol II stipulates that "the civilian population as such, as well as individual civilians, shall not be the object of attack." Honour In International Humanitarian Law: Article 27 of the Fourth Convention uses the term "honour" when referring to the special protection conferred by international humanitarian law on women against attacks like "rape, enforced prostitution, or any form of indecent assault." In recent years, some writers have voiced concern about the use of the word "honour" in relation to sexual violence, in that it fails to recognize the brutal nature of rape and uses instead a "value" term to define the interest to be protected rather than the woman herself, and for embodying the notion of women as property.8

Charlotte Lindsey, Women And War- An Overview, International Humanitarian Law- A reader for South Asia, First Edition: 2008, Published by ICRC, Regional Delegation, New Delhi, P. 268.
Copyright 2014. DEADLY LAW

Conclusion:
For most of the 20th century, the study and practice of war and international relations focused on the security of states. The changing nature of conflict has led analysts towards an expanded concept of human security that focuses not only on the state but also the security concerns of the individual, including women. Ten years ago, the United Nations Security Council passed Resolution 1325, which called for womens equal participation in promoting peace and security and for greater efforts to protect women, who are more exposed to violence during and after conflict to that of men. It takes stock of the current state of knowledge on women, peace and security issues, including efforts to increase womens participation in post-conflict reconstruction strategies and their protection from wartime sexual violence. It also highlights the potential to advance the rights of women in a wide variety of spheres by including analysis of legal, economic, and policy implications. Gender-based analysis of conflict often remains outside the mainstream of security dialogues. It underscores that much remains to be done at both a conceptual and operational level to develop effective conflict prevention and management strategies that are inclusive of women. We must take a forward-looking approach, emphasizing that setting a well-grounded research agenda is the first step towards realizing the resolutions dual goals of power and protection.

Copyright 2014. DEADLY LAW