PROTECTION OF WOMEN AND CHILDREN IN ARMED CONFLICT

PROTECTION OF WOMEN AND CHILDREN IN ARMED CONFLICT Karna Thapa Faculty of Law, T. U.

Concept �In comparison to men, women are more vulnerable due to their sex. �They easily exposed to the danger of armed conflict � Although entire communities suffer of the armed conflict and terrorism, women and girls are particularly affected because of their status in society and their sex.

Concept. . �UN Security Council called upon UN Secretary General in 2000 to carry out a study on the impact of armed conflict on women and girls, the role of women in peace building, and the gender dimension peace processes and conflict resolution

Basic Provisions for the protection of women �Women shall be treated with all consideration due to their sex (GC I, II, Art. 12) �Women shall be treated with all regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men (Art. 14, GC III)

Basic Provisions �In any camps where women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. (Art. 25, GC III) �Women shall be especially protected against any attack on their honour, in particular rape, enforced prostitution, or any form of indecent assault (Art. 27, GC IV, Prot. I, Art. 76)

Basic Provisions � While in detention women shall be confined in separate quarters and shall be under the direct supervision of women (Art. 76 GC IV, Art. 5 (2) e. Protocol II) �Expectant and nursing mothers and children under fifteen years of age shall be given additional food, in proportion of their physiological needs (Art. 89 GC IV)

Basic Provision �Pregnant women and mothers having dependant infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their case considered, with the utmost priority (Art. 76 (2) Protocol I)

Basic Provision �Parties to the conflict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependant infants, for an offence related to the armed conflict. The death penalty for such offence shall not be executed on such women. (Art. 76 (3) Protocol I)

Basic Provision �Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution or any form of indecent assault is prohibited at any time at any place whatsoever (Art. 4 Protocol II )

Further expansion of protection Security Council Resolution No 1325 (31 Oct. 2000) �Calls upon parties to the armed conflict, to respect international law, in particular of Geneva Conventions 1949, and the Additional Protocols of 1977, applicable to the rights and protection of the women and girls especially as civilians.

SC. Res. 1325 �calls upon all parties to armed conflict to take special measures to protect women and girls from gender based violence, particularly rape and other forms sexual abuse, and all other forms of violence in situation of armed conflict.

Security Council Resolution No. 1820 (19 th June 2008) �Demands immediate and complete cessation by all parties to the armed conflict, of all acts of sexual violence against civilians with immediate effect.

Security Council Resolution No 1889( 5 th Oct. 2009) �Strongly condemns all violations of applicable international law committed against women and girls in situation of armed conflict and post conflict situations, demands all parties to conflict to cease such acts with immediate effect and emphasizes the responsibility of all states to put an end to impunity and to prosecute those responsible for all forms of violence committed against women and girls in armed conflict, including rape and other sexual violence.

Resolution 1889 �Calls upon parties to armed conflict to respect the civilian and humanitarian character of refugee cmps and settlements, and ensure protection of all civilians inhabiting such camps, in particular women and girls, from all forms of violence, including rape and other sexual violence, and to ensure full, unimpeded and secure humanitarian access to them.