Protection of Women in Armed Conflict

Protection of Women in
Armed Conflict
Kusal Kavinda Amarasinghe

Protection Under International Humanitarian Law
Provisions under the Geneva Conventions
• 1st and 2nd Geneva Conventions
Article 12 Para: (4) - Women shall be treated with all consideration due to their sex.
• 3rd Geneva Convention

Article 25 Para:(4) - In any camps in which women prisoners of war, as well as men, are
accommodated, separate dormitories shall be provided for them.
Article 29 Para:(2) - In any camps in which women prisoners of war are accommodated,
separate conveniences shall be provided for them.
• 4th Geneva Convention

Article 27 Para:(2) - Women shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Provisions under the Additional Protocols
• 1st Additional Protocol
Article 76 - Protection of women
1. Women shall be the object of special respect and shall be protected in particular against rape,
forced prostitution and any other form of indecent assault.
2. Pregnant women and mothers having dependent infants who are arrested, detained or interned
for reasons related to the armed conflict, shall have their cases considered with the utmost priority.
3. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the
pronouncement of the death penalty on pregnant women or mothers having dependent infants, for
an offence related to the armed conflict.
• 2nd Additional Protocol
Although the Second Additional Protocol does not provide special protection for women,
Article 13 provides general protection for all civilians.
Article 4(2)(e) - outrages upon personal dignity, in particular, humiliating and degrading
treatment, rape, enforced prostitution and any form of indecent assault are prohibited at
any time and in any place whatsoever.
Provisions under Customary IHL
Rule No: 134 - Protection of Women
The specific protection, health and assistance needs of women affected by armed conflict
must be respected.
Rule No: 93 - sexual violence are prohibited
Rape and other forms of sexual violence are prohibited.

Protection Under International Human Rights Law
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
The main purpose of this Convention is to prevent all forms of discrimination

against women.
Accordingly, it is the responsibility of the state parties to provide special protection

to the women during an armed conflict.
Article 6,
States Parties shall take all appropriate measures, including legislation, to suppress
all forms of traffic in women and exploitation of prostitution of women.
Crimes against women under
International Criminal Law
Statute of International Criminal Court
Article 7(1) g
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other
form of sexual violence of comparable gravity; should be considered as "crime against humanity“.
Article 8(2) b (xxii)

Committing rape, sexual slavery, enforced prostitution, forced pregnancy, (as defined in article 7,
paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave
breach of the Geneva Conventions; should be considered as “war crimes“.
Article 68 - Protection of the victims and witnesses and their participation in the proceedings
Article 68(1) - The Court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have
regard to all relevant factors, […] where the crime involves sexual or gender violence or violence
against children.
Judicial Decisions
Prosecutor v Dusko Tadic (ICTY) (IT-94-1-T) 1997
Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac
(Bosnia and Herzegovina). ICTY found Duško Tadić guilty of crimes against humanity and
war crimes including mass rapes happened under his command.
Prosecutor v. Kunarac & Two others (ICTY) (IT-96-23-T ) 2001

In this case the evidence showed that rape was used by members of the Bosnian Serb
armed forces as an instrument of terror. The evidence also showed that Bosnian Muslim
women and young girls were taken away on a regular basis to other locations to be raped.
Prosecutor v Furundizija (ICTY) (IT-95-17/1-T) 1998
This is the first case at the ICTY to deal entirely with charges of sexual violence.
The prosecution charged Anto Furundžija, a commanding officer in a unit of the Croatian
army, with individual criminal responsibility two counts of violations of the laws or
customs of war for torture and outrages on human dignity, including rape.
Prosecutor v. Mucić et al (ICTY) (IT-96-21) 2001

The Bosnian officer in charge of the Čelebići concentration camp was charged with crimes
against Serbian women detainees.
Prosecutor v. Jean-Paul Akayesu (ICTR) ICTR-96-4-A 2001
This was the first conviction ever for genocide and it was the first time that an
international tribunal ruled that rape and other forms of sexual violence could
constitute genocide. It was also the first conviction of an individual for rape as a
crime against humanity.
Somaratne Rajapaksa Others v. Hon. Attorney General
(Krishanthi Kumaraswamy rape case) [2010] 2 SRI.L.R.115
Somaratne Rajapaksa and five other Sri Lankan Army soldiers were sentenced to
death for the gang-rape and murder of Krishanti Kumaraswamy (A school student)
and abduct and murder of three others in 1996.

Protection of Women in Armed Conflict

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Protection of Women in

Kusal Kavinda Amarasinghe

• 3rd Geneva Convention

• 4th Geneva Convention

Article 76 - Protection of women

Rule No: 134 - Protection of Women

Rule No: 93 - sexual violence are prohibited

Rape and other forms of sexual violence are prohibited.

The main purpose of this Convention is to prevent all forms of discrimination

Accordingly, it is the responsibility of the state parties to provide special protection

Article 8(2) b (xxii)

Prosecutor v. Kunarac & Two others (ICTY) (IT-96-23-T ) 2001

Prosecutor v. Mucić et al (ICTY) (IT-96-21) 2001

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