Women’s Human Rights and the Law of Armed Conflict

Gardam J. (2018) Women’s Human Rights and the Law of Armed Conflict. In: Reilly N. (eds) International Human Rights of Women. International Human Rights. Springer, Singapore. https://doi.org/10.1007/978-981-10-4550-9_29-1

U. of Adelaide Law Research Paper No. 131

Posted: 3 Sep 2020

See all articles by Judith Gardam

Judith Gardam

University of Adelaide - Law School

Date Written: September 2, 2020

Abstract

This chapter examines the extent to which the Law of Armed Conflict (LOAC) has developed in its approach to the protection of women in the post-1993 Vienna Conference era. At that time although the topic of women and human rights law was assuming prominence, there was a vast “silence” on the adequacy of LOAC to address women’s distinctive experiences of armed conflict. This chapter identifies and analyzes the significant areas of change, namely, the recognition of the gendered impact of armed conflict on women; the developments in the criminalization of sexual violence in armed conflict through international criminal law; the work of the United Nations, in particular Security Council Resolution 1325 on Women, Peace and Security; and the changing approach of the military establishment of states and the International Committee of the Red Cross to women and LOAC. Finally, the discussion identifies the ongoing challenges for further progress.

Keywords: Women, Armed conflict Law, Sexual violence, International criminal law

JEL Classification: K1

Suggested Citation

Gardam, Judith, Women’s Human Rights and the Law of Armed Conflict (September 2, 2020). Gardam J. (2018) Women’s Human Rights and the Law of Armed Conflict. In: Reilly N. (eds) International Human Rights of Women. International Human Rights. Springer, Singapore. https://doi.org/10.1007/978-981-10-4550-9_29-1 , U. of Adelaide Law Research Paper No. 131, Available at SSRN: https://ssrn.com/abstract=3684954

Judith Gardam (Contact Author)

University of Adelaide - Law School ( email )

No 233 North Terrace, School of Commerce
Adelaide, South Australia 5005
Australia

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