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Easy Guide to International Humanitarian Law in the Occupied Palestinian Territory (oPt)

International Humanitarian Law

IHL provisions protecting women

The list below follows from the International Committee of the Red Cross Guidance Document "Adressing the Needs of Women Affected by Armed Conflict".

Women as civilians

Personal safety

Women must be treated with all consideration due to their sex (article 12 (4) IGC, article 12 IIGC).
To ICRC and Article 12 IGC
To ICRC and Article 12 IIGC

Parties to a conflict may establish safety or neutralized zones in an attempt to shield the civilian population, including in particular the wounded, sick, aged, children, expectant mothers and mothers of children under seven from the effects of war (article 14 IVGC).
To ICRC and Article 14 IVGC

Women must be especially protected against any attach on their honour, in particular against rape, enforces prostitution, or any other form on indecent assault (article 27 IVGC).
To ICRC and Article 27 IVGC

Women must be protected in particular against rape, forced prostitution and any other form of indecent assault.  To the maximum extent feasible, parties to a conflict must endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants for an offence related to the armed conflict. The death penalty for such offences must not be executed on such women (article 76 IAP).
To ICRC and Article 76 IAP

Sexual violence

Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault (article 27 IVGC).
To ICRC and Article 27 IVGC

Women must be the object of special respect and must be protected in particular against rape, forced prostitution and any other form of indecent assault (article 76 IAP).
To ICRC and Article 76 IAP

Food and essential household items 

In situations other than occupation, where the civilian population of a party to a conflict is not adequately provided with supplies, humanitarian and impartial relief actions must be undertaken and priority must be given to children, expectant mothers, maternity cases and nursing mothers (article 70 (1) IAP).
To ICRC and Article 70 (1) IAP

Shelter

Parties to a conflict may conclude agreements to establish and recognize “safety zones and localities” to protect from the effect of hostilities wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under the age of seven (article 14 IVGC).

States must permit the free passage of all consignments of essential clothing intended for children under fifteen, expectant mothers and maternity cases (article 23 IVGC). 
To ICRC and Article 23 IVGC

Health

The wounded and sick, as well as the infirm and expectant mothers, must be the object of particular protection and respect (article 16 IVGC). 
To ICRC and Article 16 IVGC

Belligerents must endavour to conclude agreements for the removal from besieged or encircled areas of the wounded, sick, infirm, elderly, children and maternity cases, and for the passage of medical personnel and equipment to such areas (article 17 IVGC).
To ICRC and Article 17 IVGC

In situations of occupation, the Occupying power may not hinder the application of any preferential measures with regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen, expectant mothers and mothers of children under seven years of age (article 50 IVGC). 
To ICRC and Article 50 IVGC

The definition of wounded and sick expressly includes maternity cases, newborn babies and other persons who may be in immediate need of assistance or care, such as expectant mothers, and who refrain from any act of hostility  (article 8 (a) IAP).
To ICRC and Article 8 (a) IAP

In the distribution of relief consignments, including medical items, priority should be given to children, expectant mothers, maternity cases and nursing mothers (article 70 (1) IAP).

Civilian internees

Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees, who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory (article 85(4) IVGC).
To ICRC and Article 85(4) IVGC

Every place of internment must have an adequate infirmary. Isolation wards must be set aside for cases of contagious or mental diseases. Maternity cases and internees suffering from contagious diseases, or whose condition requires special treatment, surgical procedures or hospital care, must be admitted to an institution where adequate treatment can be given, and must receive care not inferior to that provided for the general population (article 91 IVGC).
To ICRC and Article 91 IVGC

Women deprived of their liberty in relation to international or non-international armed conflict must be placed under the immediate supervision of women (article 76 and 124 IVGC, article 75(5) IAP, article 5(2) IIAP).

A woman civilian internee must not be searched except by a woman (article 97 IVGC).
To ICRC and Article 97 IVGC

In prisoner of war camps, and where prisoners of war and civilian internees are detained for disciplinary punishment, women must be confined in separate quarters from men and must be under the immediate supervision of women (article 76, 85 and 124 IVGC, article 75(5) IAP).
To ICRC Article 76 IV GC
To ICRC Article 124 IV GC
To ICRC Article 75(5) IAP

Women as combatants

Judicial guarantees

To the maximum extent feasible, parties to a conflict must endavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependant infants, for an offence related to the armed conflict. The death penalty for such offences must not be executed on such women (article 76(3) IAP).
To ICRC and Article 76(3) IAP

Safeguards to be applied in the prosecution and punishment of persons charged with criminal offences related to a non-international armed conflict, including that the death penalty shall not be carried out on pregnant women or mothers of young children (article 6 IIAP).
To ICRC and Article 6 IIAP

Pregnant women and mothers having dependant infants who are arrested, detained or interned for reasons related to the armed conflict shall have their cases considered with utmost priority (article 76(2) IAP).
To ICRC and Article 76(2) IAP

A woman prisoner of war must not be sentenced to a punishment more severe, nor treated more severely while undergoing punishment than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. A woman prisoner of war may in no case be sentenced or treated more severely while undergoing punishment than a male member of the armed forces of the Detaining Power dealt with for the same offence (article 88 IIIGC).
To ICRC and Article 88 IIIGC

Sexual violence

Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault (article 27 IVGC).
To ICRC and Article 27 IVGC

Women must be the object of special respect and must be protected in particular against rape, forced prostitution and any other form of indecent assault (article 76 IAP).
To ICRC and Article 76 IAP

Hygiene and sanitation

A Detaining Power must take all sanitary measures necessary to ensure the cleanliness and healthfulness of prisoner of war camps, and to prevent epidemics. In any camps accommodating women, separate conveniences must be provided for them (article 29 IIIGC).
To ICRC and Article 29 IIIGC

Treatment and safety

Women deprived of their liberty in relation to international or non-international armed conflict must be placed under the immediate supervision of women (article 97 IIIGC, article 75(5) IAP).
To ICRC and Article 97 IIIGC
To ICRC and Article 75(5) IAP

Accommodation, food and water

I non-international armed conflicts, except when men and women of the same family are accommodated together, women must be held in quarters separate from those of men and must be under the immediate supervision of women (article 5 (2) IIAP).
To ICRC and Article 5(2) IIAP

In prisoner of war camps, and where prisoners of war and civilian internees are detained for disciplinary punishment, women must be confined in separate quarters from men and must be under the immediate supervision of women (article 25 and 97 IIIGC, article 75(5) IAP).
To ICRC and Article 25 IIIGC
To ICRC and Article 97 IIIGC
To ICRC and Article 75(5) IAP

 

 

Revised
19/04/2011 Berenice Van Den Driessche ihl@diakonia.se

International Humanitarian Law Programme

Diakonia Regional Office in Jerusalem
ihl@diakonia.se

Diakonia in Sweden
www.diakonia.se

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