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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 23, 20242024-05-23T09:09:21+05:30 2024-05-23T09:09:21+05:30In: INTERNATIONAL HUMANITARIAN LAW

Explain Protection of women and children during armed conflict.

Explain Protection of women and children during armed conflict.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-23T09:10:11+05:30Added an answer on May 23, 2024 at 9:10 am

      The protection of women and children during armed conflict is a fundamental aspect of International Humanitarian Law (IHL) and human rights law. Women and children are often among the most vulnerable groups affected by armed conflict, facing risks of violence, displacement, exploitation, and deprivation of essential services. Ensuring their safety, well-being, and rights is essential for upholding humanitarian principles, promoting gender equality, and building sustainable peace. In this comprehensive explanation, we will explore the legal framework, key principles, challenges, and strategies for protecting women and children during armed conflict.

      Legal Framework:

      The protection of women and children during armed conflict is governed by several international legal instruments, including:

      1. Geneva Conventions and Additional Protocols:
        The four Geneva Conventions of 1949 and their Additional Protocols of 1977 establish rules and principles for the protection of civilians and combatants during armed conflict, including the protection of women and children. Common Article 3 of the Geneva Conventions and Additional Protocol II specifically prohibit violence against civilians, including women and children, and mandate humane treatment and access to essential services.

      2. Convention on the Rights of the Child (CRC):
        Adopted in 1989, the CRC is the most comprehensive treaty on children's rights, emphasizing the protection of children during armed conflict. States parties to the CRC are obligated to ensure children's survival, development, and protection from violence, exploitation, and abuse, including during armed conflict.

      3. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
        CEDAW, adopted in 1979, prohibits discrimination against women and mandates measures to ensure their equal rights and opportunities in all spheres of life, including during armed conflict. States parties to CEDAW are required to protect women from gender-based violence, ensure access to justice and reparations, and promote gender equality in conflict prevention and resolution.

      4. Optional Protocol to the CRC on the Involvement of Children in Armed Conflict:
        The Optional Protocol, adopted in 2000, establishes measures to prevent the recruitment and use of children in armed conflict and to protect children affected by armed conflict. It prohibits the recruitment of children under the age of 18 by armed forces or armed groups and strengthens protections for child soldiers and child victims of armed conflict.

      Key Principles:

      The protection of women and children during armed conflict is guided by several key principles and considerations, including:

      1. Non-Discrimination:
        Women and children are entitled to equal protection under IHL and human rights law, regardless of their gender, age, nationality, or other characteristics. All parties to a conflict are prohibited from discriminating against women and children in the provision of humanitarian assistance, access to essential services, or treatment under the law.

      2. Best Interests of the Child:
        The best interests of the child must be a primary consideration in all decisions and actions affecting children during armed conflict. This principle, enshrined in the CRC, requires states and parties to a conflict to prioritize children's safety, well-being, and development, including in decisions related to evacuation, shelter, education, and family reunification.

      3. Special Protections for Children:
        Children are entitled to special protections and safeguards under IHL and human rights law, reflecting their heightened vulnerability and dependency during armed conflict. These protections include prohibitions on the recruitment and use of child soldiers, attacks on schools and hospitals, and other forms of violence, exploitation, and abuse.

      4. Gender Sensitivity:
        IHL and human rights law recognize the gender-specific impact of armed conflict on women and girls, including risks of sexual and gender-based violence, forced displacement, and loss of livelihoods. States and parties to a conflict are obligated to adopt gender-sensitive approaches to protection, assistance, and recovery efforts, addressing the distinct needs and vulnerabilities of women and girls.

      5. Prevention and Accountability:
        States and parties to a conflict have an obligation to prevent violations of women's and children's rights and hold perpetrators accountable for crimes committed against them. This includes investigating allegations of gender-based violence, prosecuting perpetrators, and providing access to justice and reparations for survivors.

      Challenges and Threats:

      The protection of women and children during armed conflict faces numerous challenges and threats, including:

      1. Gender-Based Violence:
        Women and girls are at heightened risk of sexual and gender-based violence during armed conflict, including rape, sexual slavery, forced marriage, and trafficking. Perpetrators, including state actors, armed groups, and individuals, may use sexual violence as a weapon of war to terrorize, control, and intimidate civilian populations.

      2. Child Recruitment and Use:
        Children are recruited and used by armed forces and armed groups for various roles in armed conflict, including as combatants, spies, messengers, and laborers. Child soldiers are exposed to physical and psychological harm, deprived of their rights to education, health, and protection, and at risk of long-term social and economic exclusion.

      3. Displacement and Separation:
        Armed conflict often results in the forced displacement of civilian populations, including women and children, who flee their homes in search of safety and protection. Displaced women and children face risks of separation from family members, loss of documentation and legal identity, and barriers to access humanitarian assistance, including shelter, food, water, and healthcare.

      4. Lack of Access to Education:
        Armed conflict disrupts children's access to education, depriving them of their right to learn, develop, and thrive. Attacks on schools, teachers, and students, as well as the occupation or destruction of educational infrastructure, contribute to the denial of education for millions of children affected by armed conflict, particularly girls.

      5. Psychosocial Trauma and Stigmatization:
        Women and children affected by armed conflict experience profound psychosocial trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. Stigmatization, discrimination, and social exclusion further compound their suffering, inhibiting their recovery, resilience, and reintegration into their communities.

      Strategies for Protection:

      Addressing the protection needs of women and children during armed conflict requires comprehensive strategies and interventions, including:

      1. Preventive Measures:
        Preventing violations of women's and children's rights during armed conflict requires addressing root causes and risk factors, including poverty, inequality, discrimination, and impunity. Investing in education, healthcare, livelihoods, and social protection can reduce vulnerabilities and strengthen resilience to conflict-related risks.

      2. Legal and Policy Frameworks:
        Strengthening legal and policy frameworks is essential for protecting women's and children's rights during armed conflict. States should ratify and implement international treaties and protocols related to women's and children's rights, including the CRC, CEDAW, and their optional protocols, and enact national laws and policies to ensure compliance with international standards.

      3. Capacity Building and Training:
        Building the capacity of state authorities, security forces, humanitarian actors, and civil society organizations is critical for effectively responding to the protection needs of women and children during armed conflict. Training programs on IHL, human rights law, gender equality, child protection, and psychosocial support can enhance awareness, skills, and coordination among stakeholders.

      4. Community Engagement and Empowerment:
        Engaging communities, including women's groups, youth organizations, religious leaders, and traditional authorities, is essential for identifying protection risks, mobilizing

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