THE EFFICACY OF INTERNATIONAL LAW IN PROVIDING PROTECTION FOR WOMEN IN ARMED CONFLICT

Abstract

The issue of protecting women during armed conflicts is one of the most important issues related to the protection of the weakest segment of society. In international and non-international armed conflicts, civilian women in wars have suffered grave violations committed against them. In armed conflicts, violence against women is heightened and women are at higher risk of being victims of atrocities such as mass rape, torture, forced marriage, and other forms of sexual violence such as being forced to offer sex in exchange for food or shelter. Women are largely targeted during armed conflicts because the attackers’ objective is to destroy their physical and mental integrity to send messages to their enemies. International humanitarian law grants civilian women in international and non-international armed conflicts general and special protection, by providing general protection granted to civilians who do not participate in hostilities and special protection due to their medical needs often linked to their role in childbearing and privacy considerations such as providing sleeping quarters for women, separated from men, and special health facilities for them. In case of detention, for example, they should be inspected and supervised by women. This dissertation examines the effectiveness of international humanitarian law in providing protection for women in international and non-international armed conflicts. These legal protections are rooted in the Geneva Conventions of 1949 and their Additional Protocols of 1977. Despite the existence of these protections provided by international humanitarian law, most female victims are unable to access justice and hold the perpetrators accountable as few are prosecuted. The purpose of the dissertation is to address the challenges that hinder the implementation of the provisions of international humanitarian law at the international and national levels in providing protection for women in armed conflicts.