(5) IHL and Gender

Question 1

how does IHL apply to parties?

Answer 1

equally to all parties regardless of who started conflict

Question 2

Why does IHL matter?

Answer 2

more conflict than ever before!

Question 3

What does IHL regulate?

Answer 3

1. international armed conflict
2. Non-internatoinal armed conflict

Question 4

Sources of IHL:

Answer 4

1. Geneva Conventoms (1949)
2. • its Additional Protocls (1977)

Question 5

Critical article in the GC

Answer 5

Art 3 - obligation of humane treatment

Question 6

3 principles of IHL

Answer 6

1) distinction (btw combatants and military objectives)
2) proportionality (refrain from attacks that cause incidental loss of civillian life)
3) ensuring distinction and proportionality thru precaution in attack (verfiy prior to attack avoid loss of civilian life and excessive acts)

Question 7

Relation btw IHL and ICL

Answer 7

IHL is evidence for ICL –> violatinos of IHL are war crimes!!
they complement and co-exist as much as possible

Question 8

Jurisdiction of the ICC per the RS

Answer 8

1.  Genocide (art 6)
2.  Crimes against humanity (art 7)
3.  War crimes (art 8)
4.  Crime of aggression (art 8 bis)

Question 9

Does the RS define gender?

Answer 9

Yes! but based on 2 sexes –> reflects a compromise of states in defiition

Question 10

How does stereotyping play a role in IHL and achieving protection?

Answer 10

• all of the provisions referencing women concern caring, nurturing vulnerabitliy
  vs
• other provisions re men being about men being dominant - could also be harmful to men too)
• no mention of non-binary gender identities

Question 11

How does the GC enforce gender stereoptypes?

Answer 11

Has protection for the ‘special needs of women’ –> referring mainly to role as mothers, reinforces gender stereotypes as men as dominant –> arguably tho to ignore the gender differences could result in formal equality but in actuality create bias and indirect discrimination

Question 12

What does IHL fail to acknowledge

Answer 12

Woman as combatants or LGBTQI+ as combatants

Question 13

What was an advancement fror women as combatants wrt IHL?

Answer 13

SRs in 2000 and 2008 - acknwoledged women more their roles, gender mainstreatming etc

Question 14

When were LGBTQI+ issues first debated wrt peace and security re IHL?

Answer 14

2015 - first debate! around this time ISIS increased publicity of killings of suspected LGBTQI+ ppl

Question 15

Future of IHL and gender

Answer 15

aarmed drones - targeting figures based on military aged males –> men as possible combatants reinforces gender norms re male violence, legitimising them as targets + fuelling cycle of gender-based violence

Question 16

1. Durham & O’Byrne argue that women-and-war tends to treat women and men as

Answer 16

if they were fixed and unchangeable categories

Question 17

Does IHL grant protection or rights?

Answer 17

PROTECTION! Creates protective categories + specifies how they should be protected