Humanitarian law in respect of women’s right

“Humanitarian law is a branch of international law, its main motive is to secure human at the time of arm conflict”, this paper spread some light on the humanitarian law with respect to the women’s right. Women are an unseen part of arm conflict which affects more than a visible part of the society.International humanitarian law aims to prevent and alleviate human suffering in war without discrimination based on sex. But it does recognize that women face specific problems in armed conflict, such as sexual violence and risks to their health. So by keeping this thing in mind, this law pays little extra attention to women suffering, and takes it as a very important objective of its law. In this paper , you all come to know about rights, which is provided by this law, for women welfare at the time of conflict, also about the agencies who are working for it and what the states has to do to strongly implement this law.

This is one of the most important law of the society, which cares about the humanity and its subjects. During the time of conflict number of unseen, unexpected activities happened, like misbehaving, torturing and in-human behavior, at that time there was a great need of proper care, proper medical care for a victim, food for people, agencies for helping those people who lost their family, help the people for re-civilization etc

Number of work was a demand and need of that time, this law imposes some duties on a state, which force them to look in to this matters.

 

“Women are a one face of this society, which will always be touched by single step of society”. Directly or indirectly women always we part of all the dark phases of society. Though in past, generally women didn’t actively participate in war, but they all were suffered more than a man.

Some examples of it, from various countries after the Second World War like:-

·         Although not as brutal as their Red Army allies, soldiers of the Western nations mistreated and exploited European women after World War II.[1]

·         Soviet troops raped, killed and mutilated about two million German women and about half a million more in Eastern Europe. In Western Europe, the French, American and British forces, while not acting as brutally, also abused the women of the occupied territories.

·         In addition, many citizens of nations formerly occupied by the Germans, singled out women as the perfect target to show their patriotism and hate toward the Nazis and collaborators. The ill treatment of women varied somewhat from nation to nation and according to military organization.[2]

Ø  The French

   In France women charged with horizontal collaboration – taking on German lovers – were particularly abused. The main punishment was head shaving, a form of degradation dating back to the middle Ages. Many of the women were then paraded through the streets of cities frequently with very little clothes on, painted with swastikas and smeared in tar.

In many cases the French Resistance tried to prevent the reprisals, which were, more often than not, performed by either former minor collaborators or those envious of the benefits the women received from their German lovers during the occupation. Countless prostitutes were punished for entertaining German clients. But some resistance groups were vindictive. Fully a third of the civilians executed in acts of vengeance at the end of the war in Brittany were women.

As many as 200,000 children were born of the unions between French women and German soldiers. In the Netherlands, Norway and Denmark the figure is in the tens of thousands. After the liberation the French Army accompanied the Allies into Germany. There, the French soldiers behaved very much in the same way the American soldiers did. French soldiers fathered over 10,000 children with German women.

Ø  The Americans

American GIs set the pattern for Allied treatment of women, their behavior toward women in the liberated countries and Germany was perhaps more benign but no less humiliating.

The rapes, beating and occasional murders were regularly reported. American soldiers usually gained the favors of women by enticing them with food and material goods not readily available in the territory. Cigarettes and chocolate bars were a particular popular brand of currency.

Official U.S. military reports reveal that 36,500 children were fathered by American soldiers during the 10 year occupation of Germany. The GIs, however, took no responsibility because, under military policy, they denied paternity of the child and the German woman had no further recourse. It was the same in all occupied territories. Even in cases when the soldier took on the responsibility of fatherhood, an order to redeploy elsewhere would end all contacts between him and his partner. Particular problems arose over the offspring of African-American troops and German women.

 

Ø  British and Canadians

Figures provided by Commonwealth authorities show that 8,500 children were born to British fathers and German mothers during the occupation. Clear figures do not exist regarding the offspring of Canadians in Germany, but while stationed in Britain, 22,000 children were fathered by them. In the Netherlands, some 4,000 babies were born of Canadian fathers and Dutch mothers. Authorities in London and Ottawa discouraged intimate relations, but if they happened, they ignored the relationships, fully protecting the soldier.

Ø  Repercussions

In Italy, Greece and many other European nations, women accused of collaboration were treated in the same manner as in France, prompting some American and British commanders to interfere.

Allied troops behaved in the same manner in the countries were they were stationed, such as Italy, France and Austria, using abundant material goods to buy companionship and sex. . Women in the sector of Austria occupied by the Soviets suffered much worse treatment.

Women and their children were treated as outcasts in their own countries for at least half a century. They suffered isolation and name calling (German whore and German kid were fairly common labels), unemployment, beatings and harassment. Many ended up in internment camps, at least for the short term.

Many other, worse, abuses were perpetuated against women in the occupied areas. Official action was not taken to bring closure to the issue. However, most of the women who suffered ill treatment are now dead and their children are on their 60s.[3]

Not only a foreign country, our country India also had a lot of examples of such awful treatment, during the partition of India and Pakistan, partition with Bangladesh, a number of cases was come out which was shameful in itself.

By seeing all this, there was a great need of such machinery which protect the right and dignity of persons and specially women during the time of war, so they all came up with the idea of this law, International humanitarian law which is a part of international law. And under this, women get an extra attention due to worst position of them. It doesn’t have any special book of rule; it deals with customary law of a state. The protection and some little extra care of women is mandatory and demands of a time.

What is International humanitarian law and what is its main objective?                                       

International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict .It protects the person who is not or is no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.

International humanitarian law is a part of International law, which is the body of rules governing relegations between states .International law is contained in agreement between states –treaties or conventions-, in customary rules which consist of state practice considered by them as legally binding, and in general principal.

IHL applies to armed conflicts ,it does not regulate whether a state may actually use force ;this is governed by an important ,but distinct, part of international law set out in the united national charter[4].

It comes into force when there is a conflict between two states or more than two state, it doesn’t enforceable on those activity which held within the state by the interior and individual community. Because it is out of the aura of the International law.

Principle of enforcement of humanitarian law with respect to India:-

(1) The International Conventions and Treaties are not as such enforceable by the Government, nor [do] they give cause of action to any party, but there is an obligation on the Government to respect them.

(2) The power of the Government to expel a foreigner is absolute.

(3) Article 21 of the Constitution of India guarantees right of life on Indian Soil to a non-citizen, as well, but not right to reside and settle in India.

(4) The international covenants and treaties which effectuate the fundamental rights guaranteed in our constitution can be relied upon by the Courts as facets of those fundamental rights and can be enforced as such.

(5) The work of the UNHCR being humanitarian, on certification of Refugee, FS the Government of India is under obligation to ensure that Refugees receive international protection until their problem is solved.

(6) The principle of “non-refoulement” is encompassed in Article 21 of the Constitution of India and the projection is available, so long as the presence of the refugee is not prejudicial to the national security.

(7) In view of directives under Article 51(c) and Article 253, international law and treaty obligations are to be respected. The Courts may apply those principles in domestic law, provided such principles are not inconsistent with domestic law.

(8) Where no construction of the domestic law is possible, Courts can give effect to international conventions and treaties by a harmonious construction.[5]

 

Relation between human right and humanitarian law

Both the law has common basic principles, “to secure humanity”. Main objective is to protect human rights.

Human rights law, humanitarian law is based on the premise that the protection accorded to the victims of war must be without any discrimination. Firstly, it prohibits the starvation of civilians as a method of warfare and consequently the destruction of their means of survival (which is an improvement on earlier customary law).  Secondly, it offers means for improving their chance of survival by, for example, providing for the declaration of special zones that contain no military objectives and consequently may not be attacked.

   The next “hard-core” right is that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.  Humanitarian law also contains an absolute prohibition of such behavior. The protection of children and family life is also given a great deal of importance in humanitarian law.

   Respect for religious faith is also taken into account in humanitarian law, not only by stipulating that Prisoners of War (POW) and detained civilians may practice their own religion, but also by providing for ministers of religion who are given special protection.  In addition, the Geneva Conventions stipulate that, if possible, the dead are to be given a burial according to the rites of their own religion.

The obligation to make reparation is incumbent upon any party to the conflict, regardless of the final outcome.  Based on the principle of equal treatment, among other things, IHL cannot allow a distinction to be drawn between victims dependent upon the winner and those dependent on the loser.  All persons who have suffered any harm or wrong in violation of the treaty provisions are entitled to the same treatment regardless of the party to which they belong.

   Consequently, the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms has become a subject on the international human rights agenda.

 

Women protected under International Humanitarian Law

International humanitarian law aims to prevent and alleviate human suffering in war without discrimination based on sex. But it does recognize that women face specific problems in armed conflict, such as sexual violence and risks to their health.

War is not just a man’s business. In today’s conflicts, the impact of fighting on women can be severe. Humanitarian law recognizes this in the general protection it affords to both women and men, as well as in some specific provisions providing additional protection to women.

In general, IHL requires humane treatment for the wounded and sick, prisoners and civilians caught up in a conflict, without any “adverse distinction” based on sex, race, nationality, religion, political opinions, or any similar criteria. This general protection is provided by the four Geneva Convention (1949) and their Additional Protocols (1977), as well by customary humanitarian law.

The general provisions of IHL also forbid hostage taking and the use of human shields. In recent conflicts there have been abuses, particularly the use of women and children to shield combatants from attack. In addition, women must be “especially protected” from sexual violence. This includes rape, forced prostitution and any other form of indecent assault, all of which constitute war crimes. The threat of sexual violence against women is also prohibited. Women prisoners must be housed separately from men in particular to avoid sexual abuse.

IHL further requires that expectant mothers and mothers of young children, in particular nursing mothers, be treated with particular care. This applies, for example, with regard to the provision of food, clothing, medical assistance, evacuation and transportation.

Women are particularly vulnerable to the separation of family members and the suffering caused by the unknown fate of a missing relative, both during and after an armed conflict. Humanitarian law provides families with the right to know the fate of their missing relatives and obliges parties to armed conflicts to take all feasible measures to account for persons reported missing.

In recent years, the ICRC an organization has under taken a specific campaign to tackle the problem of the missing. As the large majority of those went missing are men, it is often the women in a family who face the anguish of waiting for news of a missing husband or child. They are often the persons who take on the burden of trying to trace relatives, especially children, separated by the fighting. The ICRC plays a leading role around the world in restoring family links both during and after armed conflicts.

Women in the civilian population also take on major responsibility for coping with other consequences of armed conflict. War disrupts food supplies and production. Health facilities, so essential to mothers and children, are destroyed. Transport, water and fuel may be affected. Parties to a conflict are required under humanitarian law to protect the health, economic and physical security of the civilian population. When they fail, it is often women that have to deal with the consequences. In the absence of the man who is often the breadwinner women have to ensure the family’s day-to-day survival. They often have to travel long distances to find water, food, firewood, medicines and other basic necessities, thereby exposing themselves to risks to their physical safety. In addition, they often care for sick family and community members.

The ICRC therefore intervenes to support them by providing medical facilities and the essential needs for survival such as food, household items and shelter. It also tries to convince the parties to the conflict to allow adequate supplies through to civilians. Indeed, IHL obliges parties to the conflict to allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction. After an armed conflict, women often play a key role in rebuilding communities. In rural areas, they are frequently the main beneficiaries of the supply of seeds, tools and livestock to promote economic security in the wake of a conflict.  Women are also pivotal in the action of the ICRC and others in raising awareness of, and preventing injury from, landmines, which continue to cause injury and death to children after the end of hostilities.[6]

Current actions for protecting women’s right

The problems experienced by women in situations of armed conflict have received increased attention in recent years, both within and outside the International Movement of the Red Cross and Red Crescent.

A number of non-governmental organizations (NGOs) have contributed to raising international awareness on this subject, and several initiatives have been taken within academic circles to examine existing normative frameworks and operational responses. The problems have been discussed among governments as well, both in the context of meetings focusing specifically on women (such as the 1995 Beijing Conference), and by forums with a broader agenda, such as the UN Commission on Human Rights, General Assembly or regional organizations.

The desire to better address the problems faced by women in situations of armed conflict has equally been reflected in resolutions pertaining to the International Movement of the Red Cross and Red Crescent as a whole, and in more specific decisions taken within the ICRC.

Thus, the 26th International Conference of the Red Cross and Red Crescent, in its resolution entitled “Protection of the civilian population in periods of armed conflict”, urged “that strong measures be taken to provide women with the port action and assistance to which they are entitled under national and international law.” It also encouraged “States, the Movement and other competent entities and organizations to develop preventive measures, assess existing programmers and set up new programmers to ensure that women victims of conflict receive medical, psychological and social assistance, provided if possible by qualified personnel who are aware of the specific issues involved. “

Within the context of an internal review process aimed at identifying current challenges facing the ICRC and how these should be addressed (Exercise Evener), it was decided, inter alia, to follow attentively the needs for clarification or development of humanitarian law pertaining to certain problems or categories of people, and where necessary, to take appropriate measures. Among which, it was decided to develop and implement guidelines of an operational and/or legal nature regarding the role and protection of women in conflict situations.

The ultimate objective is to enhance the assistance and protection of women affected by armed conflicts, by sensitizing relevant actors to their specific needs, by improving the quality and the pertinence of activities carried out on their behalf and by empowering the women themselves.

To this end, the ICRC has started a project to examine how women are affected by armed conflict, the extent to which their needs are being addressed, and how the response can be improved. The process would include:

The identification and analysis of women’s assistance and protection needs, including their access to basic goods and services such as food, water, shelter and primary health care. To some extent, the analysis also includes a review of the “strategic ” needs of women, such as their involvement in decision-making processes. Such empowerment would aim at ensuring the better access to the above-mentioned resources and services by war-affected women, including assuring that humanitarian assistance better reaches the intended beneficiaries. It would also aim to enhance the capacity of women to overcome the problems they face during conflict, and thereby also benefit the communities in which they live (for instance, skills training may increase household assets, improve nutrition and reduce child mortality).

 

The drawing up of a realistic and comprehensive picture of activities undertaken by the ICRC in favor of women victims of armed conflict.

An assessment of whether these activities adequately respond to the needs identified. The examination of humanitarian law, in order to assess the extent to which it provides an adequate coverage for the needs identified. To some extent, other sources of international law (i.e., human rights law and refugee law) will also be examined, in order to identify relevant sources of law where humanitarian law is silent or no longer applicable.

On the basis of the above, the formulation of guidelines enhancing the assistance and protection of women in situations of armed conflict.

It should be noted that this initiative is in line with a basic principle for ICRC activities, namely that victims should be assisted in accordance with their needs. In line with the general objective that operations have the best possible impact on the target groups they are designed to assist and protect, effective programming must recognize the particular situation of women. Programmes therefore need to be designed and implemented in consultation with, and with the participation of, women in order to be effective and to avoid a negative impact on their socio-economic situation. The s study aims to draw lessons from past and current experiences and improve the quality, relevance and impact of ICRC services.

To some extent, the study should also help to better address challenges faced by women in post-conflict situations, and thereby be of interest to all the components of the International Movement of the Red Cross and Red Crescent. 

 The systematic collection of information has already started, through a request to field delegations to provide periodic reports regarding activities carried out in favor of women and children. In addition to drawing upon documents produced by UN bodies, agencies, NGOs and universities, it is hoped that valuable information will be provided by war-affected women themselves, in the context of the campaign marking the 50th anniversary of the Geneva Conventions (which includes circulating a questionnaire to cross-sections of the population in different countries, and holding discussions among representative groups – including women). In the year 2000, it is envisaged to submit a first draft of the study to a number of institutions and individuals interested in, and with expertise on, the matter, including National Societies and the International Federation, in order to refine and complement the study and the formulation of guidelines.

 

Conclusion

Women is one of the most valuable and precious part of this society  ,number of organization do a lot of work for their protection and it is one of the prime motive of this law.

This law shows a lot of active participation in the name of Red Cross and number of other organization, they doing their best to full fill its goal. It is a part of the international law, so it has direct link with human right commission.

 But the local government of the state also take indicatives’ and actively participate in this, by providing all the possible help, whatever it is fiancialy, labourly  etc. Respect and dignity of lady shows prosperity of a state, so being a human, we all have to behave like a human, whatever it is a citizen of our country or others.

Submitted by:
Pooja Dixit
Amity University,Lucknow