Protection of Women in Non International Armed Conflict- A Feminist Perspective

Abstract

The legal regime of international humanitarian law is meant for protection for victims of armed conflict. It distinguishes two types of armed conflicts, namely: IAC, opposing two or more States, and NIAC, between governmental forces and nongovernmental armed groups, or between such groups only. This regime, however, has given an inadequate cover to non-international armed conflict and has been subject to severe criticism in this regard. The aim of this article is to critique the law for non international armed conflict in respect of women which is unknown, rarely discussed and addressed. During an armed conflict, women as civilians are generally forced into poor living conditions and are prone to accidents, injuries, and disease. This paper is an attempt to reaffirm the inadequacy of the law on non international armed conflict and that has little to do with the protection of women. Thus, the methodology follows the normative research by analyzing the laws available for armed conflict, especially on non international armed conflict. Various treaties, customary international laws, and case decisions have been discussed in this regard. This paper will not offer a complete literature on international armed conflict. However, it will discuss the provisions of international armed conflict containing protection of women to compare and contrast the protection for women under non international armed conflict. International law as a concept is gendered. Therefore it is not new to discover international humanitarian law is being gendered. The feminists on this area explain and question this. It is high time to go for an amendment or formation of new laws in International Humanitarian Law on women. Bringing a UN resolution on NIAC can work to fill the gaps of protection of women in this zone.