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Violence Against Women During Armed Conflicts and men living near to the refugee camps. 23 The fact that domestic violence escalates during armed conflicts reveals the diverse forms of violence that women suffer during wartime and how they can find no safe-haven anywhere. Effective international policies are necessary and must be implemented in order to eradicate these problems in the future. I(c) – The Post-conflict setting and the role of UN Peace-keepers There has been a shocking revelation that women must also fear violence from UN peacekeepers that are sent into a country post-conflict to try and restore the rule of law into the affected country. This is a disturbing reminder of the universal acceptance that women can be treated violently within warzones without being provided with any legal protection. Peacekeepers have been accused of engaging in sex-trafficking, soliciting prostitution, forcing children into prostitution and fathering babies which they have then left behind. 24 It was in 2004 that the media became aware of the abuses that were taking place in the UN mission to the Democratic Republic of the Congo (DRC), which then led to an official enquiry. In 2005 alone, 340 cases of abuse and sexual exploitation by peacekeepers were reported. 25 The actual figures are likely to be much higher because these only represent the statistics of those willing to come forward and reveal that they were sexually abused by UN officials. Also, despite recent figures showing a decrease in sexual violence by peacekeepers, the serious risk of sexual abuse still exists. For example, in 2007, 800 peacekeepers were suspended from their work in Cote d’Ivoire on allegations that they had engaged in sex with minors. 26 Women in conflict zones become more vulnerable to abuse due to poverty and unemployment, which makes prostitution seem like the only way possible to earn money. However, the professional role that peacekeepers take to advance peace and protect the local population whilst working for the UN, makes it even more reprehensible that they have taken part in the sexual exploitation of women. 27 There is also the human rights concern for those abandoned babies that are provided with no money and protection from their fathers. Figures reveal that an estimated 24,500 babies were fathered by peacekeepers in Cambodia alone. 28 Ndulo validly asserts that the magnitude of violence perpetuated on women during UN missions must mean that peacekeepers either believe that their actions are not wrong or that they will not be held accountable. This means that there is a need for better accountability mechanisms within the UN to address the problem of sexual violence against women and girls by peacekeepers. 29 23 (n6) 22. 24 M.Ndulo, ‘The United Nations Responses to the Sexual Abuse of Women and Girls during Peacekeeping missions’(2009) 27 Berkeley Journal of International Law, 129. 25 Ibid 142. 26 Ibid 143. 27 Ibid 146. 28 M.Ndulo (n24) 157. 29 Ibid 144. 42
UK Law Students’ Review – 2013 – <strong>Volume</strong> 1, Issue 2 II – IHL and its Inadequate Protections for Women IHL is the law that governs armed conflicts and is therefore the first place that we should turn to see if women are sufficiently protected against violence in international law. The specific provisions dealing with the protection of women are found in the Geneva Conventions which state that ‘women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.’ 30 This demonstrates how IHL is a gender-biased law that only sees rape as a challenge to ‘honour’ rather than a violent attack on women because of their gender. 31 By linking rape to honour, it fails to recognise the brutal assault that take place on a woman’s body and psyche. It also links with society’s perceptions that women are disgraced and deserve to be outcaste once they have suffered this violence. Moreover, Article 147 of the Fourth Geneva Convention does not describe rape as a ‘grave breach’ which refutes the serious and damaging effects of rape and denies that it deserves universal jurisdiction. 32 Nevertheless, some progress has been made with the 1977 Additional Protocols to the Geneva Conventions which prohibit ‘outrages upon personal dignity’. This includes rape, forced prostitution and any other degrading treatment. 33 However, the reference to ‘personal dignity’ still fails to recognise the seriousness of rape by giving it a secondary status in IHL. Another issue is that despite the improvements that have been made for women through the Protocols, their protective scope is limited because they are not widely ratified and do not amount to customary international law. 34 Charlesworth and Gardam also reveal how a mighty 43 provisions of the Geneva Conventions and their protocols actually deal with women and the effects of armed conflict, yet they still remain inadequate because they only ‘deal with women in relation to others and not as individuals in their own right.’ 35 Gardam is also correct in believing that IHL looks at the protection of women from a male perspective, which therefore ensures that the laws remain inherently discriminatory and unjust. 36 Women’s concerns are presented as less important compared to those of men because the language of ‘protection’ is used rather than ‘prohibition’. 37 Gardam suggests that a new protocol to protect women in times of armed conflict is necessary and is an achievable goal. 38 However, another more credible option would be to focus on reconceptualising the rules that already exist by mainstreaming gender issues within them. 39 Whatever method is used, it is clear that IHL needs to be revised so that it 30 Article 27 of the Fourth Geneva Convention 1949. 31 C. Niarchos (n5) 672. 32 Ibid 674. 33 See Article 75 and 76 Additional Protocol I 1977 and Article 4 Additional Protocol II of the Geneva Conventions. 34 C. Niarchos (n5) 676. 35 J. Gardam and H. Charlesworth, ‘Protection of women in armed conflict’ (2000)22 Human Rights Quarterly, 159. 36 Ibid 67. 37 Ibid 159. 38 J. Gardam, ‘Women and the law of armed conflict: Why the silence?’ (1997) International Comparative Law Quarterly, 77. 39 J. Gardam and H. Charlesworth (n35) 164. 43
Page 1 and 2: January 2013, Volume 1: Issue 2
Page 3 and 4: The UK Law Students’ Association
Page 5 and 6: Acknowledgements The UK Law Student
Page 7 and 8: IN WHOSE BEST INTERESTS? RECONSIDER
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