Protection of Women and Children in International Humanitarian Law

Abstract

Armed conflicts, whether international or internal, represent the most brutal reality of our time, due to the serious and unavoidable consequences of killing, violence, and displacement. Usually, those who bear the consequences of these armed conflicts and their devastating effects are the weakest people among the civilian population, namely women and children. Therefore, international agreements came to protect this group, whether the women and children are civilians or fighters.

Importance of the Research

The topic of protecting women and children is one of the topics that international humanitarian law has given attention to and that deserves research. As a result of the spread of the phenomenon of assault on women and children in times of armed conflict or their involvement in those conflicts, the need to increase awareness of the rights of women and children and preserve them in times of armed conflict has increased. Studies that focused on the rights of women and children have been researched within the framework of human rights, i.e. in times of peace only. This research focuses on protecting the rights of women and children in times of war, whether they are civilians or combatants alike.

Research Problem

International humanitarian agreements, including the Geneva Conventions of 1949, have stipulated the protection of civilians in times of armed conflict, as they have approved the protection of women and children as civilians or participants in hostilities, but have these agreements been able to protect women and children in times of armed conflict? Are there other agreements specific to the issue of protecting women and children? What is the role of international organizations and committees in protecting women and children in times of armed conflict, such as the International Committee of the Red Cross? We will try to identify these issues and answer them in this research.

Research Methodology

The researcher followed the descriptive analytical method by relying on the texts of the Fourth Geneva Convention of 1949 as well as the Additional Protocols of 1977, the rules and principles of international law, and the work of the International Committee of the Red Cross.