القاعدة ذات الصلة
Australia
Practice Relating to Rule 134. Women
Australia’s Commanders’ Guide (1994) states: “The Geneva Conventions provide particular protection for women.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 603.
Australia’s Defence Force Manual (1994) states: “Women receive special protection under LOAC.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 946.
The manual also states: “Priority in medical treatment can only be determined on the basis of medical need, although women are to be treated with all consideration due to their sex.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 992.
The manual further states:
Female prisoners must be treated with due regard to their sex and must in no case be treated less favourably than male prisoners. Their sex must also be taken into account in the allocation of labour and in the provision of sleeping and sanitary facilities.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1010.
Australia’s LOAC Manual (2006) states:
9.48 Women must be accorded “special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault”.
…
9.58 … Women are granted specific protection …
…
9.97 Priority in medical treatment can only be determined on the basis of medical need, although women are to be treated with all consideration due to their sex.
…
10.22 Female prisoners [of war] must be treated with due regard to their sex and must in no case be treated less favourably than male prisoners. Their sex must also be taken into account in the allocation of labour and in the provision of sleeping and sanitary facilities. They must also be specially protected against rape and other sexual assaults.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.48, 9.58, 9.97 and 10.22.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 2008, in a response to a question without notice in the House of Representatives on the Democratic Republic of the Congo, Australia’s Minister for Foreign Affairs stated:
… The Australian government is very deeply concerned about the recent outbreak of violence and fighting in the Democratic Republic of the Congo. …
… There have been alarming reports of targeted violence against civilians, including lootings and killings and the use of rape as an instrument of war. …
… I am able to advise the House today that Australia will make, all up, a contribution of $5 million for humanitarian assistance in the Democratic Republic of the Congo. … [H]alf a million dollars will go to the World Health Organisation and half a million dollars will go to UNICEF. The funding of these agencies will allow for the immediate needs for those adversely affected by the violence – in particular food, health, water and the protection of women.
Australia, House of Representatives, Minister for Foreign Affairs, Question Without Notice: Democratic Republic of the Congo, Hansard, 13 November 2008, p. 10919.
Australia’s Commanders’ Guide (1994) provides that the terms “wounded” and “sick” “also cover maternity cases … and expectant mothers”.
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, Glossary, p. xxiv.
Australia’s Defence Force Manual (1994) provides specific rules “for the protection from the effects of war of … expectant mothers and mothers of children under seven years”.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 735, 940, 946 and 1216; see also Commanders’ Guide (1994), § 926.
Australia’s LOAC Manual (2006) states:
The opposing parties are required to try and conclude local agreements for the removal from besieged or encircled areas of … maternity cases … Similar considerations are made for the passage of consignments of medical and hospital stores and objects … and of essential foodstuffs, clothing and tonics intended for … expectant mothers and maternity cases.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.38.
The manual also provides specific rules with respect to hospital and safety zones “for the protection from the effects of war of … expectant mothers and mothers of children under seven years”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.41.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
