Gender, conflict and international humanitarian law a critique of the 'principle of distinction

By:

Stern, Orly Maya

Material type: Text

TextSeries: Routledge studies in humanitarian actionPublication details: London Routledge 2019Description: ix, 242p. 25 cmISBN:

9781138307704

Subject(s):

DDC classification:

341.67 23 ST-G

LOC classification:

KZ6515 .S74 2019

Contents:

Introduction -- The principle of distinction -- Women in conflict in Africa -- Gender and international humanitarian law -- The divide between international and non-international armed conflicts : a precursory step to the application of the principle of distinction -- Applying the principle of distinction to women in African war -- Does the principle of distinction serve women in modern conflict? -- Conclusions.

Summary: "This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations"--

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Print	OPJGU Sonepat- Campus Main Library	General Books	341.67 ST-G (Browse shelf(Opens below))	Available		140895

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Previous	341.67 SC- Scope and applicability of international humanitarian law	341.67 SC-S Strategy and arms control	341.67 SO-L Law of armed conflict international humanitarian law in war	341.67 ST-G Gender, conflict and international humanitarian law a critique of the 'principle of distinction	341.67 TO-R Right to life	341.67 ZE-A Accountability of armed opposition groups in international law	341.67026 TH- 30 years of the 1977 additional protocols to Geneva conventions of 1949 : proceedings of the seminar to mark the 30th anniversary of the 1977 additional protocols to the Geneva conventions of 1949 New Delhi, 8-9 June 2007 /	Next

Includes bibliographical references and index.

"This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations"--

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