Practice Relating to Rule 134. Women

Note: For practice concerning non-discrimination, see Rule 88. For practice concerning rape and other forms of sexual violence, see primarily Rule 93. For practice concerning accommodation for women deprived of their liberty, see Rule 119. For practice concerning the specific needs of displaced women, see Rule 131, Section D.
Geneva Convention I
Article 12, fourth paragraph, of the 1949 Geneva Convention I provides: “Women shall be treated with all consideration due to their sex.” 
Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Article 12, fourth para.
Geneva Convention II
Article 12, fourth paragraph, of the 1949 Geneva Convention II provides: “Women shall be treated with all consideration due to their sex.” 
Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Article 12, fourth para.
Geneva Convention III
Article 14, second paragraph, of the 1949 Geneva Convention III provides: “Women shall be treated with all the regard due to their sex.” 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 14, second para.
Geneva Convention IV
Article 27, second paragraph, of the 1949 Geneva Convention IV provides: “Women shall be especially protected against any attack on their honour.” 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 27, second para.
Geneva Convention IV
Article 119, second paragraph, of the 1949 Geneva Convention IV provides in relation to disciplinary punishments: “Account shall be taken of the internee’s age, sex and state of health.” 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 119, second para.
Additional Protocol I
Article 76(1) of the 1977 Additional Protocol I provides: “Women shall be the object of special respect.” 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 76(1). Article 76 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Convention on the Elimination of Discrimination against Women
Article 2 of the 1979 Convention on the Elimination of Discrimination against Women provides: “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women.” 
Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly, Res. 34/180, 18 December 1979, Article 2.
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Article 2(1) of the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa provides: “States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures.” 
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Maputo, 11 July 2003, Article 2(1).
Lieber Code
Article 19 of the 1863 Lieber Code states: “Commanders, whenever admissible, inform the enemy of their intention to bombard a place, so that the non-combatants, and especially the women … may be removed before the bombardment commences.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 19.
Lieber Code
Article 37 of the 1863 Lieber Code states: “The United States acknowledge and protect … the persons of the inhabitants, especially those of women.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 37.
UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Paragraphs 4 and 5 of the 1974 UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict state:
4. All the necessary steps shall be taken to ensure the prohibition of measures such as persecution, torture, punitive measures, degrading treatment and violence, particularly against that part of the civilian population that consists of women …
5. All forms of repression and cruel and inhuman treatment of women … including imprisonment, torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction, committed by belligerents in the course of military operations or in occupied territories shall be considered criminal. 
Declaration on the Protection of Women and Children in Emergency and Armed Conflict, adopted by the UN General Assembly, Res. 3318 (XXIX), 14 December 1974, §§ 4 and 5.
Cairo Declaration on Human Rights in Islam
Article 3 of the 1990 Cairo Declaration on Human Rights in Islam provides: “In the event of the use of force and in case of armed conflict, it is not permissible to kill non-belligerents such as … women.” 
Cairo Declaration on Human Rights in Islam, adopted at the 19th Session of the Islamic Conference of Foreign Ministers, Res. 49/19-P, Cairo, 5 August 1990, annexed to Letter dated 19 September 1990 from the permanent representative of Egypt to the UN addressed to the UN Secretary-General, UN Doc. A/45/421-S/21797, 20 September 1990, Article 3.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 76(1) of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3(2) of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 76(1) of the 1977 Additional Protocol I.  
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3(2).
UN Secretary-General’s Bulletin
Section 7.3 of the 1999 UN Secretary-General’s Bulletin provides: “Women shall be especially protected against any attack.” 
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 7.3.
Argentina
Argentina’s Law of War Manual (1969) provides that, as prisoners of war, “women shall be treated with due consideration to their sex and must in no case receive treatment less favourable than that granted to the men”. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 2.013(2); see also Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 3.09.
The manual further states that, as wounded and sick, “women shall be treated with all consideration due to their sex”. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 3.001.
Australia
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
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
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).
Benin
Benin’s Military Manual (1995) states: “Women … shall be treated with due respect to their sex.” 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule III, p. 4.
Cameroon
Cameroon’s Instructor’s Manual (1992) provides that at the approach of the enemy, “all persons shall be evacuated, with priority to women”. 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 67, § 242(1).
Cameroon
Cameroon’s Instructor’s Manual (2006) states: “Women must be specially respected.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 29, § 131; see also p. 49, § 231 and p. 75, § 321.
Canada
Canada’s LOAC Manual (1999) states:
Female POWs [prisoners of war] must be treated with due regard to their gender and must in no case be treated less favourably than male POWs. Their gender must also be taken into account in the allocation of labour and in the provision of sleeping and sanitary facilities. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-3, § 21.
Canada
Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs):
Female PWs must be treated with due regard to their gender and must in no case be treated less favourably than male PWs. Their gender 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. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1017.
In its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power and, more specifically, in a section entitled “Provisions common to the territories of the parties to the conflict and to occupied territories”, the manual states:
Women must be specially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault. Subject to special provisions relating to health, age or gender, protected persons must receive equal treatment without any adverse distinction based on race, religion or political opinion. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1119.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states that troops are authorized to search detainees with the following constraints:
[M]embers of the same sex must search detainees. When this is not possible scanners should be used. If scanners are not available then authority to search by a member of the opposite sex must be obtained from officers of company commander status or above. In every case armed personnel should cover the search. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3H03.1.a.
The manual further states that CF (Canadian Forces) personnel should treat detainees humanely in accordance with international law and adhere to the following rules:
[T]here is to be absolutely no sexual contact with detainees and physical contact is to be kept to the minimum extent necessary to carry out the duties involved, such as apprehension, search, transport of the detainee and medical inspections. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 1B-4, § B006.7.a.
With regard to the handling of female prisoners of war, the manual states:
[T]hey should always be treated with the due regard to their gender and that in no case are they to be dealt with any less favourably than their male PW [prisoner of war] equivalents. Whenever possible, within operational constraints, female PW are to be separated from male PW in the process of evacuation from the point of capture. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 302.8.
With regard to the searching of prisoners of war, the manual states that “PW are to be disarmed and searched as close to the point of capture as possible by members of the same sex. When this is not possible an officer must be present.” 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, p. 3B-1, § B001.2.
With regard to the interrogation and tactical questioning of prisoners of war, the manual states:
PW are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit from treatment as favourable as that granted to men. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 404.1.d.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police): “Women … must be treated with the respect owed to them on account of their gender”. 
Central African Republic, Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter I, Section I.
Chad
Chad’s Instructor’s Manual (2006) states that women “shall be the object of special respect and protection”. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 34; see also pp. 36, 53 and 92.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007), in Book I (Basic instruction), lists women among “[p]ersons and objects under special protection”. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 19.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states: “Women [who have been] the victims of crimes or abuses of power … have the right to be treated with compassion and respect for their dignity … and to be protected from … intimidation and reprisals”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 23.
Ecuador
Ecuador’s Naval Manual (1989) states: “Women … are entitled to special respect and protection.” 
Ecuador, Aspectos Importantes del Derecho Internacional Marítimo que Deben Tener Presente los Comandantes de los Buques, Academia de Guerra Naval, 1989, § 11.3.
El Salvador
El Salvador’s Soldiers’ Manual provides that it is prohibited to “attack and maltreat women”. 
El Salvador, Manual del Combatiente, undated, p. 3.
The manual also states: “Every act of violence against … mothers is a criminal, cowardly and dishonourable act, punishable by serious disciplinary sanctions.” 
El Salvador, Manual del Combatiente, undated, p. 5.
El Salvador
El Salvador’s Human Rights Charter of the Armed Forces states that “women must be protected” and that “women must be respected”. 
El Salvador, Derechos Humanos. Decálogo de la Fuerza Armada de El Salvador, Ministerio de la Defensa Nacional, Departamento de Derecho Humanitario, undated, pp. 7 and 13.
France
France’s LOAC Manual (2001) states: “The law of armed conflicts provides for special protection of the following persons: … women”. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 96.
India
India’s Army Training Note (1995) orders troops not to “ill treat any one, and in particular, women”. 
India, Army Training Note, Chief of Staff, Army Training Command, Ministry of Defence, Government of India, 1995, p. 4/24, § 10.
Indonesia
Indonesia’s Field Manual (1979) specifies that female prisoners of war should be respected and that they should, in all circumstances, be treated as well as male prisoners. 
Indonesia, Field Manual concerning the Treatment of Prisoners of War, Department of Defence, 1979, pp. 7 and 18.
Madagascar
Madagascar’s Military Manual (1994) states: “Women … shall be the object of a particular respect.” It adds that, as prisoners of war, “women must be treated with due regard to their sex”. 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-T, § 27.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Conventions, states: “Women must be treated with all the regard due to their sex.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 73.
In a section on the 1949 Geneva Convention III, the manual further states: “Women must be treated with all the regard due to their sex and benefit by treatment as least as favourable as that granted to men.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 151.
In the same section, the manual also states: “Women … who become prisoners of war must be treated with special respect and protected against any form of indecent assault. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 163.
Morocco
Morocco’s Disciplinary Regulations (1974) provides that soldiers in combat are required to spare women. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(4).
Netherlands
The Military Manual of the Netherlands (1993) states: “Women shall be the object of special respect.” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VIII-3.
The manual also states: “Women will be treated with all consideration due to their sex.” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VI-2.
Netherlands
The Military Manual (2005) of the Netherlands states: “Women should be the object of special respect and protected in particular against rape, forced prostitution and any form of indecent assault.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0811.
New Zealand
New Zealand’s Military Manual (1992) provides:
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 the provision of sleeping and sanitary facilities …
Only urgent medical requirements will justify any priority in treatment among those who are sick and wounded, although women are to be treated with all consideration due to their sex. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 916 and 1004(2).
Nigeria
Nigeria’s Manual on the Laws of War states: “Women should be respected.” 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 35.
The manual adds: “Female prisoners of war must be treated with due consideration to their sex.” 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 37.
Peru
Peru’s IHL Manual (2004) states:
Women must be treated with all the regard due to their sex and in all cases benefit by treatment as favourable as that granted to men. This means that due attention must be given to their physical resistance, the need to protect their honour and intimacy and special requirements relating to biological factors, such as menstruation and pregnancy. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 39.j.
Peru
Peru’s IHL and Human Rights Manual (2010), in a section on prisoners of war, states:
Women must be treated with all the regard due to their sex and in all cases benefit by treatment as favourable as that granted to men. This means that due attention must be given to their physical resistance, the need to protect their honour and intimacy and special requirements relating to biological factors, such as menstruation and pregnancy. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 41(j), p. 256; see also § 37(c), p. 254.
Philippines
The Rules for Combatants of the Philippines (1989) states: “All civilians, particularly women, … must be respected.” 
Philippines, Rules for Combatants, in Handbook on Discipline, Annex C(II), General Headquarters, Armed Forces of the Philippines, Camp General Emilio Aguinaldo, Quezon City, 1989, Rule 1.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states: “Women … shall be the object of special respect and shall be protected against rape, forced prostitution and any other form of indecent assault.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 56.
Sierra Leone
Sierra Leone’s Instructor Manual (2007) lists women among “persons under special protection”. 
Sierra Leone, The Law of Armed Conflict. Instructor Manual for the Republic of Sierra Leone Armed Forces (RSLAF), Armed Forces Education Centre, September 2007, p. 29; see also p. 36.
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
Specific Areas that are Subject to Fundamental Protection
- Women and Children. Because they are often the innocent victims and tormented targets of war, women and children are specifically protected. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, p. 24.
The manual also states:
2.3 Specifically Protected Persons and Objects …
General Treatment of Wounded and Sick ([1949] Geneva convention I Article 12)
- Women must be treated with due consideration to their sex.
2.4 Specifically Protected Persons and Objects:
a. Civilians
Protective Measures in Favour of Women and Children ([1977] Additional Protocol I Article 76 and 77)
- Article 76 determines that women shall be the object of special respect and shall, in particular, be protected against rape, forced prostitution and any other form of indecent assault.
- This article further stipulates that pregnant women and mothers with dependant infants who are arrested, detained or interned for reasons pertaining to the armed conflict, shall have their cases considered with the utmost priority. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 72, 104–105, 112 and 121–122.
Spain
Spain’s LOAC Manual (1996) provides that, as prisoners of war, “women shall be treated with all consideration due to their sex”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 8.4.a.(1).
Spain
Spain’s LOAC Manual (2007) states that the “law of armed conflict reflects the need to provide special protection to those victims of war who are more vulnerable to danger”. In that context, women “are the object of special respect and are protected, in particular, against any form of indecent assault”. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1); see also § 5.2.a.(2).(a).
The manual further states: “The parties to the conflict are encouraged to conclude agreements to establish safety zones to protect women … from the effects of war.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1).
Sweden
According to Sweden’s IHL Manual (1991), the “general protection of women” contained in the 1977 Additional Protocol I has the status of customary international law. 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 2.2.3, p. 19.
The manual further states: “Women [in occupied territory] shall be especially protected against any form of insulting treatment.” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 6.1.3, p. 122.
Switzerland
Switzerland’s Basic Military Manual (1987) states: “Women … shall be the object of particular respect.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 146(3).
Switzerland
Switzerland’s Regulation on Legal Bases for Conduct during an Engagement (2005) states in the section on behaviour with regard to civilians: “Women … must be specially protected.” 
Switzerland, Bases légales du comportement à l’engagement (BCE), Règlement 51.007/IVf, Swiss Army, issued based on Article 10 of the Ordinance on the Organization of the Federal Department for Defence, Civil Protection and Sports of 7 March 2003, entry into force on 1 July 2005, § 199.
(emphasis in original)
Tajikistan
Tajikistan’s Manual of Internal Service of the Armed Forces (2001) states: “It is prohibited to use weapons against women”. 
Tajikistan, Manual of Internal Service of the Armed Forces of the Republic of Tajikistan, endorsed by the Decree of the Madjilsi Namoyandagon of Madjlisi Oli [Parliament] of the Republic of Tajikistan No. 273 of 4 April 2001 and promulgated by the Order of the Minister of Defence of the Republic of Tajikistan No. 3 of 2 May 2001, § 12.
Togo
Togo’s Military Manual (1996) states: “Women … shall be treated with due respect to their sex.” 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule III, p. 4.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) states: “Priority in the order of medical treatment is decided only for urgent medical reasons. Women are to be treated with all consideration due to their sex.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 6, p. 22, § 2.
The manual further provides: “PW [prisoners of war] are entitled in all circumstances to respect for their persons and their honour. Specific mention is made of women in this respect.” 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 8, p. 29, § 6.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states in its chapter on the protection of civilians in the hands of a party to the conflict: “Women must be accorded ‘special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault’.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.8.
In its chapter relating to the wounded and sick, the manual states: “Women must be treated with special respect and no less favourably than men.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 7.3.
United States of America
The US Field Manual (1956) states:
The commanders of United States ground forces will, when the situation permits, inform the enemy of their intention to bombard a place, so that the noncombatants, especially the women, … may be removed before the bombardment commences. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 43.
The manual also states that, as prisoners of war, “women shall be treated with all regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men”. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 90.
The manual further states that, as wounded and sick, “women shall be treated with all consideration due to their sex”. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 215.
United States of America
The US Air Force Pamphlet (1976) provides that, as wounded and sick, “women are required to be treated with all consideration due their sex”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 12-2(a).
United States of America
The US Naval Handbook (1995) states: “Women … are entitled to special respect and protection.” 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 11.3
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Military Manual (1988) provides that only urgent medical reasons will determine priority of treatment among the wounded and sick, though women will be treated with all consideration due to their sex. 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, Article 162.
Afghanistan
Afghanistan’s Presidential Decree on Special Operations (2012) states:
Handing over the Special Operations from … NATO to [the] mixed – MoD [Ministry of Defence], MoI [Ministry of the Interior] and NDS [National Directorate of Security] – Afghan security forces was an essential [step] to ensure and guarantee the national sovereignty and rule of law in Afghanistan. Implementation of such operation[s] makes the responsibilities of the judicial and justice bodies harder, and requires them to have a[n] [in-]depth concentration on the fundamental rights and freedom[s] of the citizens, guaranteed in the Constitution and Criminal Procedure Code in [all] phases – inspection, detection, investigation, prosecution and trial.
Thus, I order observance of the following provisions … :
4. During the Special Operations …, … special measures [are to] be taken to protect … women … . 
Afghanistan, Presidential Decree on Special Operations, 2012, Article 4.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) states: “Special attention is given … to women … and they are taken great care of.” It also states: “The following actions are prohibited to be carried out against civilian persons: … 2) … bad attitude towards women”. 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Articles 15 and 17.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 12 of the Geneva Convention I, Article 12 of the Geneva Convention II, Article 14 of the Geneva Convention III and Articles 27 and 119 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Article 76(1), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Spain
Spain’s Penal Code (1995), as amended in 2003, states:
Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:
3. … [V]iolating the prohibitions … regarding the special protection owed to women … as stipulated by the international treaties to which Spain is a party. 
Spain, Penal Code, 1995, as amended on 25 November 2003, Article 612(3).
Venezuela
According to Venezuela’s Code of Military Justice (1998), as amended, it is a crime against international law to “make a serious attempt on the life of … women”. 
Venezuela, Code of Military Justice, 1998, as amended, Article 474.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the obligation to protect the rights of women affected by armed conflict. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 112.
[footnote in original omitted]
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
The accused’s position is stated to be that this Court has no jurisdiction to try him.
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed. 
South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.
[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.
Australia
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.
Belgium
In 2007, during a debate in the UN Security Council on threats to international peace and security, the permanent representative of Belgium stated:
… Belgium welcomes the increased attention that the Security Council is giving to the protection of civilians – particularly that of women … and other vulnerable groups – in armed conflict. The relevant resolutions aimed at the protection of civilians must be effectively implemented. 
Belgium, Statement by the permanent representative of Belgium before the UN Security Council on “Threats to international peace and security”, 8 January 2007, pp.10–11.
Belgium
In 2007, during a debate in the UN Security Council on the humanitarian situation in the Great Lakes region and the Horn of Africa, the deputy permanent representative of Belgium stated, with reference to Somalia:
While stressing the primary responsibility of the Transitional Federal Government [of Somalia], Belgium calls upon all parties immediately to ensure the protection of civilians, especially of … women. 
Belgium, Statement by the deputy permanent representative of Belgium before the UN Security Council on the “Humanitarian situation in the Great Lakes region and the Horn of Africa”, 21 May 2007, p. 18.
Canada
In 2012, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated:
Around the world, women and girls continue to be victims of sexual violence, including rape as a weapon of war. …
… We must be persistent in denouncing violence directed against women and girls, and promoting their empowerment. While all civilians deserve equal protection, it is important that efforts toward international protection take into account the particular vulnerabilities and capacities of individuals and groups. 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate on the protection of civilians in armed conflict, 25 June 2012.
Canada
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Standing Up for Victims of Sexual Violence in Conflict Areas”, which stated:
Foreign Affairs minister John Baird today announced that Canada is taking further action in preventing sexual violence against women and girls in conflict areas. Canada will contribute $5 million this year to help prevent conflict-related sexual violence and to respond to the needs of victims.
This contribution reflects Canada’s continued and steadfast resolve to end all forms of violence against women and girls abroad. 
Canada, Department of Foreign Affairs, Trade and Development, “Standing Up for Victims of Sexual Violence in Conflict Areas”, Press Release, 11 April 2013.
Chad
In 2011, in the Action Plan on Children Associated with Armed Forces and Armed Groups in Chad, signed by the Government of Chad and the United Nations Monitoring and Reporting Mechanism Task Force on Grave Violations against Children in Situations of Armed Conflict, the Government of Chad stated:
2.1 The Government of Chad specifically undertakes to fully and effectively implement the following provisions:
e) Immediately and unconditionally release all children associated with armed forces or armed groups …. [and f]acilitate their return and reintegration into their communities, while paying special attention to their gender and age, as well as to the specific … needs of girls and children born to the girls released from armed forces and armed groups.
f) Implement a concrete strategy to prevent the recruitment and use of children [by armed forces and armed groups]… [and] other violations and abuse of children by members of the armed forces, including gender-based violence. 
Chad, Action Plan on Children Associated with Armed Forces and Armed Groups in Chad, signed by the Government of Chad and the United Nations Monitoring and Reporting Mechanism Task Force on Grave Violations against Children in Situations of Armed Conflict, 15 June 2011, Article 2.1(e) and (f).
China
In 2003, during a debate in the UN Security Council on the protection of women, China stated:
China condemns all violent acts committed against women in armed conflict, urges all parties to the conflict to abide by international humanitarian and human rights law. Those who commit crimes against women should be brought to justice. The international community should intensify its effort to protect and assist conflict-affected women. 
China, Statement on the protection of women at the UN Security Council, 16 October 2003.
Côte d’Ivoire
In 2009, in its report to the UN Human Rights Council, Côte d’Ivoire stated:
[I]n conformity with the statements and recommendations issued by the United Nations Security Council inviting Member States of the United Nations to have regard to gender differences in conflict situations, and to comply with [UN] Security Council resolution 1325/2000, a national plan for implementing this resolution has been adopted in Côte d’Ivoire and had been implemented since 2008. It aims, inter alia, to establish machinery for protecting and caring for victims of violence [and] to create special units for the treatment of acts of violence committed against women and girls. 
Côte d’Ivoire, Report to the UN Human Rights Council, 3 September 2009, UN Doc. A/HRC/WG.6/6/CIV/1, § 119.
Côte d’Ivoire
In 2010, in its combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, Côte d’Ivoire stated:
282. The Centre of Excellence for the Women of Man (CEFM) was set up on 18 February 1989 … on the initiative of the NGO International Friendship Service to care for victims of violence in Man (western Côte d’Ivoire).
283. The purpose of this centre, now under the responsibility of the Ministry of the Family, Women and Social Affairs and supported by UNDP, is to improve the well-being of vulnerable sectors of the population (including women, girls, boys and children) living in rural areas and deprived neighbourhoods in the Centre North-West, and particularly in the Montagnes region, where all kinds of violence occurred during the crisis, including pillaging of property, sexual violence, rape and murder.
284. The Centre of Excellence therefore has the task of providing social, psychological, legal and material assistance to women affected by and rendered vulnerable on account of the armed conflict.
285. In 2008, the centre achieved the following results:
- Psychological assistance was given to 50 women and girls identified as vulnerable (including 18 victims of sexual violence, 18 former combatants, 10 trauma victims and 4 widows) (CEFM data)
- Training in art, sewing and hairdressing was given to 150 vulnerable women and girls (including 15 victims of sexual violence, 13 former combatants, 121 young single mothers and 1 HIV-positive individual)
- Rice and maize seed was distributed and funds were allocated for the purchase and resale of dried fish and the manufacture of red oil to groups of women (CEFM data). 
Côte d’Ivoire, Combined initial to third periodic report to the Committee on the Elimination of Discrimination against Women, 18 October 2010, UN Doc. CEDAW/C/CIV/1-3, submitted 7 September 2010, §§ 282–285.
Djibouti
In 2010, the History and Geography Textbook for 8th Grade, Djibouti’s Ministry of National Education and Higher Education, under the heading “Basic rules of IHL” and in a section on “Specific protection”, stated: “The specific needs of women affected by armed conflict – in terms of protection, health and assistance – must be respected.ˮ 
Djibouti, Ministry of National Education and Higher Education, History and Geography Textbook for 8th Grade, 2010, p. 194.
Djibouti
In 2011, the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “Ethics of Debne warriors” [inhabitants of the Dikhil region in Djibouti], stated: “Spare vulnerable persons ([such as] women …) and release them.” 
Djibouti, Ministry of National Education and Vocational Training, History and Geography Textbook for 9th Grade, 2011, p. 231.
Germany
In 2004, during a debate in the UN Security Council, the representative of Germany stated:
On the basis of the new report of the Secretary-General that we are considering today, I would like to share with the Council a catalogue of three areas for measures to move our protection agenda forward.
The first area is the protection of women and children. Women and children are among the most vulnerable groups in times of conflict, whether they be civilians or child soldiers. Women are more and more frequently subjected to cruel, degrading and often lethal treatment in times of conflict … Women and children are also, to an unprecedented extent, victims of severe and atrocious sexual violence.
Germany thus proposes the following measures.
The first is a new resolution on the protection of civilians; the most recent resolution that the Security Council adopted on the protection of civilians in armed conflict (resolution 1296 (2000)) dates from 2000. That resolution, as well as the preceding relevant resolution (resolution 1265 (1999)), were regarded as a starting point. After four years we feel the need for an update of the most recent resolution, to take into account recent developments and the changing character of conflicts. Germany would support efforts aimed at adopting a new resolution.
A second measure would be more frequent reporting by the Emergency Relief Coordinator …
A third measure would be the promotion of the responsibility of new actors. There are new actors in the area of the protection of civilians in armed conflict whom we have to deal with. More than ever before, we need constructive engagement with non-State armed groups. They not only have the potential to deny humanitarian actors humanitarian access; they actually do it. They are also a potential source of harm to the civilian populations where they operate. Without legitimizing them and their actions, we must explore innovative ways to engage them in a constructive dialogue and, where necessary, to pressure them to make them abide by international humanitarian law and human rights norms. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.4990, 14 June 2004, pp. 24–25.
Germany
In 2004, during a debate in the UN Security Council, the representative of Germany stated:
Unfortunately, the list of countries in conflict having a history of gender-based atrocities is long and includes countries from all continents, including Haiti, Afghanistan, Iraq, Myanmar, the former Yugoslavia, the Democratic Republic of the Congo and others. The fact that women account for the vast majority of victims of conflicts and are still significantly underrepresented at all levels of decision-making indicates that we need tools and instruments that promote our common vision as expressed in Security Council resolution 1325 (2000).
The continuing extreme violence against women and girls in the Darfur region is a case in point …
… Given the scope of gender-based discrimination, including violence, we need to ensure that all substantive units of a peacekeeping operation, starting with the United Nations assessment team, include specialists with gender expertise … That also requires that the United Nations continue to train its personnel, including at the level of the Special Representative of the Secretary-General, and that Member States invest more in gender training of potential peacekeeping staff. The German Government has made the latter a political priority in its endeavours. We strongly believe in the need for accountability for wartime violence against women, and in the necessity to end impunity … The International Criminal Court (ICC) certainly has a key role to play with regard to the investigation and prosecution of gender-based crimes. However, its efforts must be supplemented by national legal mechanisms. 
Germany, Statement before the UN Security Council, UN Doc. S/PV.5066, 28 October 2004, pp. 20–21.
Germany
In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
3. Priorities of the German human rights policy 2005–2006
3.7 Preventing violence against women
The Federal Government still attributes highest political importance to fighting violence against women. It therefore will
- contribute to respect for international humanitarian law and to the human rights of women and girls in armed conflicts;
- demand criminal law prosecution of sexual and other violence against women in conflicts. 
Germany, Federal Government, Seventh Human Rights Policy Report, 17 June 2005, pp. 202-203.
Israel
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated that the operational order contained the following provision: “Special protection shall be provided to … women”. 
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 226.
Nepal
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated:
Women and children shall enjoy the rights of special protection. The rights of women and children shall be fully protected and international laws such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women shall be respected. The mechanism to examine ways to end such discrimination shall be strengthened. 
Nepal, Declaration of commitment on the implementation of human rights and international humanitarian law, 26 March 2004, § 17.
Through the CP-CIAC [Comprehensive Programme for Children in Armed Conflict], the Department of Social Welfare and Development (DSWD) provides a package of social services and interventions … includ[ing] provisions for the special needs of girl child soldiers. 
Philippines, Fourth periodic report to the Human Rights Committee, 20 January 2011, UN Doc. CCPR/C/PHL/4, submitted 12 September 2010, § 365.
Russian Federation
In 2012, during a UN Security Council meeting on women and peace and security, the deputy permanent representative of the Russian Federation stated:
With regard to using the so-called national action plans on implementing [the UN Security Council] resolution 1325 (2000) as a tool to assess a country’s policy in improving the status of women, States in situations of armed conflict should prepare such plans on a voluntary basis. …
In conclusion, we would like to reiterate our belief that ensuring the rights of women and their protection in armed conflict will be possible only through the joint efforts of all interested parties, including civil society. The guideline for us all on this issue continues to be implementation of [the] resolution 1325 (2000). 
Russian Federation, Statement by the deputy permanent representative of the Russian Federation during a UN Security Council meeting on women and peace and security, 30 November 2012, p. 15.
Somalia
In 1998, an ICRC publication entitled “Spared from the Spear” recorded traditional Somali practice in warfare as follows:
The leader … gave out the following instructions which were to be strictly followed:
4. The weak and vulnerable members of the enemy such as women … should be left unharmed. 
Somalia, Spared from the Spear, 1998, p. 24.
The publication also described traditional Somali practice as follows:
In order to ensure that the values of honour and nobility were maintained at all times, traditional Somali society evolved a strict code of conduct that clearly defined the categories of people and things that were not to be abused in any way during a war. This convention of war, acknowledged and respected by almost all Somali pastoral nomads, is commonly known as xeerka biri-ma-geydada, or the “spared from the spear” code.
The traditional Biri-ma-geydo code covered certain categories of people who, far from being killed or harmed, were supposed to be cared for and assisted at all times. Adherence to this code was specially enjoined during hostilities. Among the types of persons afforded protection by this code were … women …
Women … belonged to the category of weak and vulnerable persons whose harming and abuse was generally regarded with strong disapproval. Any man who allowed himself to come down to the lowly level of using force against women … was rightly regarded as a coward who could not face the men in battle and was, instead, taking out his anger on the weak and helpless. Looking at this matter from another angle, women … were believed to constitute the “farms” … that ensured the survival and continuity of society; and killing them was viewed as being tantamount to “cutting down the tree at its base”, leading society down the road to annihilation and extinction. 
Somalia, Spared from the Spear, 1998, pp. 30–31.
The publication further described traditional Somali practice as follows:
[W]omen were accorded a neutral status during hostilities, war being regarded to be strictly a men’s game. Even in the rare event that a woman joined the fighting on the side of one of the warring groups, and then fell into captivity, she should not have been harmed, but treated respectfully and later returned safely to her own kin. 
Somalia, Spared from the Spear, 1998, p. 32.
In 2011, in its comments on the concluding observations of the Human Rights Council concerning Somalia’s report, the Transitional Federal Government of Somalia referred to “Spared from the Spear” as its “own Geneva Conventions”:
In times of hostilities, the Biri-Ma-Geydo (Spared from the Spear), i.e. Somalia’s own “Geneva Conventions”[,] which existed long before the adoption of the Hague and Geneva Conventions, mitigated and regulated the conduct of clan hostilities and the treatment of immune groups. 
Somalia, Comments by the Transitional Federal Government of Somalia on the concluding observations of the Human Rights Council concerning the report of Somalia, submitted 21 September 2011, § 4.
South Africa
In 2010, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, South Africa’s Minister of International Relations and Cooperation stated:
The issue of the protection of civilians should therefore be approached in a holistic manner. In this context, measures to protect civilians in armed conflict can be viable only if the critical needs of civilians, including their socio-economic needs, are adequately addressed. Crucially, addressing the specific protection needs of women and children must remain a priority matter for the international community, in particular the United Nations system. My delegation therefore reiterates our support for the implementation of [UN Security Council] resolution 1325 (2000) on women and peace and security and resolution 1612 (2005) on children and armed conflict, as well as other relevant resolutions. 
South Africa, Statement by the Minister of International Relations and Cooperation before the UN Security Council during an open debate on the protection of civilians in armed conflict, 7 July 2010.
South Africa
In 2012, in an opening statement at the Twelfth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of International Relations and Cooperation stated: “Like the ICRC, South Africa believes very strongly that the safety of all the vulnerable, especially women and children[,] should be of primary consideration.” 
South Africa, Opening statement by the Deputy Minister of International Relations and Cooperation at the Twelfth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 14 August 2012.
South Africa
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, made on behalf of the members of the Human Security Network and on behalf of South Africa as an observer, the deputy permanent representative of Chile stated:
Despite the unrelenting efforts of the international community, civilians continue to account for the majority of casualties in armed conflicts. … The Human Security Network remains concerned by the difficulties in taking action to ensure the protection of civilians in Syria. The current debate provides an opportunity to examine the most pressing aspects of the issue, in particular (a) the compliance by parties to conflict with international humanitarian and human rights law in order to guarantee protection of civilians and, among them, the most vulnerable groups, such as women and children …
Full and unimpeded access of humanitarian assistance continues to be a sine qua non requirement for the relief of affected populations, including in particular the most vulnerable groups, such as women and children. 
South Africa, Statement by the deputy permanent representative of Chile before the UN Security Council during an open debate on the protection of civilians in armed conflict, made on behalf of the members of the Human Security Network and on behalf of South Africa as an observer, 19 August 2013, pp. 4–5.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states:
Women
International humanitarian law calls for the special protection of women. As Civilians they are protected against any assault on their honour and physical integrity. Pregnant women and mothers of small children enjoy the same status as the sick and Wounded, being transferred to safety zones and are first in line for assistance. Other special provisions protect women who are members of the armed forces, for example in the case of women who are Prisoners of war, who are to be housed separately from men and are to be placed under the direct supervision of other women. 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 42; see also p. 12.
Switzerland
In 2012, in its Report on Foreign Policy 2011, Switzerland’s Federal Council stated:
[The Federal Department of Foreign Affairs] pays particular attention to the protection of women in the situation of conflict … In 2010, Switzerland has revised its national action plan, incorporating the UN [Security Council] Resolution [1325 on Women, Peace and Security] and adapting it to the national context. 
Switzerland, Federal Council, Report on Foreign Policy 2011, 18 January 2012, p. 2756.
Switzerland
In 2013, Switzerland’s Federal Department of Foreign Affairs issued the document “Women, Peace and Security: National Action Plan to implement UN Security Council Resolution 1325 (2000)”, which stated:
GOAL 3
Greater inclusion of a gender perspective during and after violent conflicts in emergency aid, reconstruction and in dealing with the past
SUBORDINATE GOAL 1
In the framework of its multilateral policy, Switzerland commits to including the gender perspective in emergency aid, reconstruction and rehabilitation efforts during and after violent conflicts as well as in fragile contexts.
Measures
1 Involvement in relevant agencies promoting respect for the sexual and reproductive rights of victims of SGBV [sexual and gender-based violence].
SUBORDINATE GOAL 3
Switzerland implements UNSCR [UN Security Council resolution] 1325 during and after violent conflicts, as well as in fragile contexts through its bilateral measures for emergency aid, reconstruction and dealing with the past.
Measures
1 Emergency aid and reconstruction measures in conflict and post-conflict situations are gender-sensitive and take account of the specific security and basic needs of women and girls in the following areas:
- Sexual and reproductive health provision, in particular for victims of SGBV, including psychosocial, legal and economic aid
4 Activities, programmes and projects of humanitarian demining and clearance of explosive remnants of war integrate gender aspects and take account of the specific needs of girls and women. 
Switzerland, Federal Department of Foreign Affairs, Women, Peace and Security: National Action Plan to implement UN Security Council Resolution 1325 (2000), 2013, pp. 16–17.
[footnotes in original omitted]
Switzerland
In 2013, in its Report on Foreign Policy 2012, Switzerland’s Federal Council stated:
[T]he FDFA [Federal Department of Foreign Affairs] gives particular attention to the protection of women in situations of armed conflict … In 2010, the Federal Council took note of the National Action Plan to implement the UN Security Council Resolution 1325 on Women, Peace and Security …
This year, the first interdepartmental report on the implementation of this plan was drafted. 
Switzerland, Federal Council, Report on Foreign Policy 2012, 9 January 2013, p. 938.
Syrian Arab Republic
The Report on the Practice of the Syrian Arab Republic asserts that the Syrian Arab Republic considers Article 76 of the 1977 Additional Protocol I to be part of customary international law. 
Report on the Practice of the Syrian Arab Republic, 1997, Chapter 5.3.
United Kingdom of Great Britain and Northern Ireland
In 2006, in a written answer to a question in the House of Commons concerning, inter alia, “what measures are in place to promote among members of the armed forces recognition of the disproportionate impact of conflict on women and girls”, the UK Minister of State for Armed Forces stated:
The provisions of UNSCR [UN Security Council Resolution] 1325 [on women peace and security] are reflected in the training of UK service personnel in the Law of Armed Conflict and in the pre-deployment preparations. In addition, pre-deployment planning covers social and cultural issues, including specific gender issues that should be taken into account. 
United Kingdom, House of Commons, Written answer by the Minister of State for Armed Forces, Ministry of Defence, Hansard, 6 November 2006, Vol. 451, Written Answers, col. 827W.
United Kingdom of Great Britain and Northern Ireland
The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “Specific population groups such as women … benefit from additional protection provided for in specific conventions.” 
United Kingdom, Foreign and Commonwealth Office, Government Strategy on the Protection of Civilians in Armed Conflict, March 2010, p. 4.
United States of America
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support … the principle that women … be the object of special respect and protection.” 
United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American University Journal of International Law and Policy, Vol. 2, 1987, p. 428.
UN Security Council
In a resolution adopted in 1996, the UN Security Council denounced “the discrimination against girls and women and other violations of human rights and international humanitarian law in Afghanistan”. 
UN Security Council, Res. 1076, 22 October 1996, preamble and § 11, voting record: 15-0-0.
UN Security Council
In two resolutions adopted in 1998 on Afghanistan, the UN Security Council demanded that “the Afghan factions put an end to discrimination against girls and women and other violations of human rights and international humanitarian law”. 
UN Security Council, Res. 1193, 28 August 1998, § 14; Res. 1214, 8 December 1998, § 12, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1999 on children in armed conflicts, the UN Security Council urged all parties to armed conflicts “to take into account the special needs of the girl child throughout armed conflicts and their aftermath, including in the delivery of humanitarian assistance”. 
UN Security Council, Res. 1261, 25 August 1999, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000 on protection of civilians in armed conflicts, the UN Security Council:
Expresses its grave concern … at the particular impact that armed conflict has on women, … and further reaffirms in this regard the importance of fully addressing their special protection and assistance needs in the mandates of peacemaking, peacekeeping and peace-building operations. 
UN Security Council, Res. 1296, 19 April 2000, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000 on women and peace and security, the UN Security Council called upon all parties to armed conflicts to respect fully international law applicable to the rights and protection of women and girls, especially as civilians, in particular the 1949 Geneva Conventions and the 1977 Additional Protocols, the 1951 Refugee Convention, the 1979 Convention on the Elimination of Discrimination against Women, the 1989 Convention on the Rights of the Child and the 1998 ICC Statute. 
UN Security Council, Res. 1325, 31 October 2000, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2000 on Afghanistan, the UN Security Council reiterated “its deep concern over the continuing violation of international humanitarian law and of human rights, particularly IHL and human rights, particularly discrimination against women and girls”. 
UN Security Council, Res. 1333, 19 December 2000, preamble, voting record: 13-0-2.
UN Security Council
In a resolution adopted in 2003 on the situation in Sierra Leone, the UN Security Council encouraged “the Government of Sierra Leone to pay special attention to the needs of women and children affected by the war, bearing in mind paragraph 42 of the report of the Secretary-General of 17 March 2003 (S/2003/321)”. 
UN Security Council, Res. 1470, 28 March 2003, § 15, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2003 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
Reaffirms the importance of a gender perspective in peacekeeping operations in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and in this respect encourages MONUC to continue to actively address this issue. 
UN Security Council, Res. 1493, 28 July 2003, § 9, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
Recalling the particular impact which armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities, and stressing the protection and assistance needs of all affected civilian populations,
5. Reaffirms also its condemnation in the strongest terms of all acts of violence or abuses committed against civilians in situations of armed conflict in violation of applicable international obligations with respect in particular to … (ii) gender-based and sexual violence … and demands that all parties put an end to such practices;
11. Calls upon all parties concerned to ensure that all peace processes, peace agreements and post-conflict recovery and reconstruction planning have regard for the special needs of women and children …
19. Condemns in the strongest terms all sexual and other forms of violence committed against civilians in armed conflict, in particular women and children, and undertakes to ensure that all peace support operations employ all feasible measures to prevent such violence and to address its impact where it takes place. 
UN Security Council, Res. 1674, 28 April 2006, preamble and §§ 5, 11 and 19, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 2006 on reports of the Secretary-General on the Sudan, the UN Security Council:
9. Decides further that the mandate of UNMIS in Darfur shall also include the following:
(b) To … coordinate international efforts towards the protection of civilians with particular attention to vulnerable groups including internally displaced persons, returning refugees, and women and children. 
UN Security Council, Res. 1706, 31 August 2006, § 9(b), voting record: 12-0-3.
UN Security Council
In 1998, in several statements by its President, the UN Security Council expressed deep concern at the discrimination against girls and women and other abuses of human rights and IHL in Afghanistan. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1998/9, 6 April 1998; Statement by the President, UN Doc. S/PRST/1998/22, 14 July 1998; Statement by the President, UN Doc. S/PRST/1998/24, 6 August 1998.
UN Security Council
In 2003, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Security Council strongly condemns all attacks and acts of violence directed against civilians or other protected persons under international law, in particular international humanitarian law in situations of armed conflict, including such attacks and acts of violence against women, children, refugees, internally displaced persons and other vulnerable groups. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2003/27, 15 December 2003, p. 1.
UN Security Council
In 2004, in a statement by its President on the situation in the Darfur region of the Sudan, the UN Security Council stated:
The Security Council strongly condemns these acts which jeopardize a peaceful solution to the crisis, stresses that all parties to the N’djamena humanitarian ceasefire agreement committed themselves to refraining from any act of violence or any other abuse against civilian populations, in particular women and children.  
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/18, 25 May 2004, p. 1.
UN Security Council
In 2004, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Security Council reaffirms its strong condemnation of all acts of violence targeting civilians or other protected persons under international law. The Council is gravely concerned that civilians are increasingly targeted by combatants and armed elements during armed conflict, in particular women, children and other vulnerable groups …
The Security Council underlines the vulnerability of women and children in situations of armed conflict, bearing in mind in this regard its resolutions 1325 (2000) on women, peace and security and 1539 (2004) as well as all other resolutions on children and armed conflict, and recognizes their special needs, in particular those of the girl child. It stresses the importance of developing strategies aimed at preventing and responding to sexual and gender-based violence, through the improvement in the design of peacekeeping and assessment missions by, inter alia, the inclusion of gender and child protection advisers. It stresses also the importance for women and children subject to exploitation and sexual violence to receive adequate assistance and support. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2004/46, 14 December 2004, pp. 1 and 2.
UN Security Council
In 2005, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:
The Council is gravely concerned about limited progress on the ground to ensure the effective protection of civilians in situations of armed conflict. It stresses in particular the urgent need for providing better physical protection for displaced populations as well as for other vulnerable groups, in particular women and children. Efforts should be focused in areas where these populations and groups are most at risk. At the same time, it considers that contributing to the establishment of a secure environment for all vulnerable populations should be a key objective of peacekeeping operations. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/25, 21 June 2005, p. 1.
UN Security Council
In 2005, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council requests the Secretary-General to ensure that all peace accords concluded with United Nations assistance address the specific effects of armed conflict on women and girls, as well as their specific needs and priorities in the post-conflict context. Within this framework, the Security Council underlines the importance of a broad and inclusive political consultation with various components of civil society, in particular women’s organizations and groups.
The Security Council reaffirms its commitment to integrate gender perspectives into the terms of reference of Security Council visits and missions and to include gender specialists in its teams wherever possible. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2005/52, 27 October 2005, pp. 2–3.
UN Security Council
In 2006, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls upon all parties to armed conflict to ensure full and effective protection of women, and emphasizes the necessity to end impunity of those responsible for gender-based violence. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2006/42, 26 October 2006, p. 2.
UN Security Council
In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council recognizes that an understanding of the impact of armed conflict on women and girls, effective institutional arrangements to guarantee their protection and full participation in the peace process can significantly contribute to the maintenance and promotion of international peace and security.
The Security Council reaffirms also the need to implement fully international human rights and humanitarian law including the four Geneva Conventions that protect the rights of women and girls during and after conflicts.
The Security Council remains deeply concerned by the pervasiveness of all forms of violence against women and girls in armed conflict, including killing, maiming, grave sexual violence, abductions and trafficking in persons. The Council reiterates its utmost condemnation of such practices and calls on all parties to armed conflict to take specific measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.
The Security Council stresses the need to end impunity for acts of gender-based violence in situations of armed conflict and emphasizes the responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions.
The Security Council requests the Secretary-General to ensure that disarmament, demobilization and reintegration programmes take specific account of the situation of women and girls associated with armed forces and armed groups, as well as their children, and provide for their full access to these programmes. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2007/5, 7 March 2007, p. 2.
UN Security Council
In 2007, in a statement by its President on women and peace and security, the UN Security Council stated:
The Security Council strongly condemns all violations of international law, including international humanitarian law, human rights law and refugee law, committed against women and girls in situations of armed conflict, including killing, maiming, sexual violence, exploitation and abuse. In this regard, the Council urges the complete cessation by all parties of such acts with immediate effect.
The Security Council is deeply concerned that despite its repeated condemnation of all acts of violence, including killing, maiming, sexual violence, exploitation and abuse in situations of armed conflict, and despite its calls addressed to all parties to armed conflict for the cessation of such acts with immediate effect, and for the adoption of specific measures to protect women and girls from gender-based violence, particularly rape, and other forms of sexual abuse, as well as all other forms of violence, such acts remain pervasive, and in some situations have become systematic, and have reached appalling levels of atrocity. The Council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation.
In this context, the Council reiterates paragraph 9 of resolution 1325 (2000) and calls on all parties to armed conflict to respect fully international law applicable to the rights and protection of women and girls, especially as civilians, in particular the obligations applicable to them under the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977 … and to bear in mind relevant provisions of the Rome Statute of the International Criminal Court. 
UN Security Council, Statement by the President, UN Doc. S/PRST/2007/40, 23 October 2007, p. 3.
UN General Assembly
In a resolution adopted in 2003 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 58/114, 17 December 2003, § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the girl child, the UN General Assembly:
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers. 
UN General Assembly, Res. 58/156, 22 December 2003, §§ 15–16, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly urged all parties to the conflict in the Democratic Republic of the Congo:
To meet the special needs of women and girls in post-conflict reconstruction as well as to ensure the full participation of women in all aspects of conflict resolution and peace processes, including peacekeeping, conflict management and peace-building, as a matter of priority. 
UN General Assembly, Res. 58/196, 22 December 2003, § 4(f), voting record: 81-2-91-17.
UN General Assembly
In a resolution adopted in 2004 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 59/141, 15 December 2004, § 15, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on a new international humanitarian order, the UN General Assembly:
Reaffirms the obligation of all States and parties to armed conflicts to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities.  
UN General Assembly, Res. 59/171, 20 December 2004, § 2, adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly called upon the Government of National Unity and Transition to take specific measures:
To continue its programme to demobilize, disarm and reintegrate former combatants, taking into account the special needs of women and children, including girls, associated with those combatants. 
UN General Assembly, Res. 59/207, 20 December 2004, § 6(h), voting record: 76-2-100-13.
UN General Assembly
In a resolution adopted in 2005 on the World Summit Outcome, the UN General Assembly stated:
58. … We resolve to promote gender equality and eliminate pervasive gender discrimination by:
(f) Eliminating all forms of discrimination and violence against women and the girl child, including by ending impunity and by ensuring the protection of civilians, in particular women and the girl child, during and after armed conflicts in accordance with the obligations of States under international humanitarian law and international human rights law;
116. … We strongly condemn all violations of the human rights of women and girls in situations of armed conflict and the use of sexual exploitation, violence and abuse, and we commit ourselves to elaborating and implementing strategies to report on, prevent and punish gender-based violence. 
UN General Assembly, Res. 60/1, 16 September 2005, §§ 58(f) and 116, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 60/124, 15 December 2005, § 3, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict, and calls upon States to promote and protect the human rights of all refugees and other persons of concern, paying special attention to those with specific needs, and to tailor their protection responses appropriately. 
UN General Assembly, Res. 60/128, 16 December 2005, § 6, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the girl child, the UN General Assembly:
15. Also urges States to take special measures for the protection of girls affected by armed conflicts and by post-conflict situations and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
16. Deplores all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers. 
UN General Assembly, Res. 60/141, 16 December 2005, §§ 15–16, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the implementation of the recommendations contained in the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa, the UN General Assembly:
notes with concern that violence against women continues and often increases, even as armed conflicts draw to an end, and urges further progress in the implementation of policies and guidelines relating to protection of and assistance for women in conflict and post-conflict situations. 
UN General Assembly, Res. 60/223, 23 December 2005, § 16, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 61/134, 14 December 2006, § 21, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the intensification of efforts to eliminate all forms of violence against women, the UN General Assembly:
8. Urges States to take action to eliminate all forms of violence against women … and to this end:
(o) To protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally displaced persons settings, where women are at greater risk of being targeted for violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between women and men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting women and men in nearly every region, [and] undertake efforts to eliminate impunity for all gender-based violence in situations of armed conflict. 
UN General Assembly, Res. 61/143, 19 December 2006, § 8(o), adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on extrajudicial, summary or arbitrary executions, the UN General Assembly:
Encourages Governments and intergovernmental and non-governmental organizations to organize training programmes and to support projects with a view to training or educating military forces, law enforcement officers and government officials in human rights and humanitarian law issues connected with their work and to include a gender and child rights perspective in such training, and appeals to the international community and requests the Office of the United Nations High Commissioner for Human Rights to support endeavours to that end. 
UN General Assembly, Res. 61/173, 19 December 2006, § 8, voting record: 137-0-43-12.
UN General Assembly
In a resolution adopted in 2006 on the implementation of the recommendations contained in the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa, the UN General Assembly:
Notes with concern that violence against women everywhere continues and often increases, even as armed conflicts draw to an end, and urges further progress in the implementation of policies and guidelines relating to protection of and assistance to women in conflict and post-conflict situations. 
UN General Assembly, Res. 61/230, 22 December 2006, § 11, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:
Reaffirms the obligation of all States and parties to an armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities. 
UN General Assembly, Res. 62/94, 17 December 2007, § 19, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on the girl child, the UN General Assembly:
19. Urges all States and the international community to respect, promote and protect the rights of the girl child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and further urges States to take special measures for the protection of girls, in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape, sexual abuse and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account their special needs in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes;
20. Deplores all cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crises, including those cases involving humanitarian workers and peacekeepers, and urges States to take effective measures to address gender-based violence in humanitarian emergencies and to make all possible efforts to ensure that their laws and institutions are adequate to prevent, promptly investigate and prosecute acts of gender-based violence. 
UN General Assembly, Res. 62/140, 18 December 2007, §§ 19–20, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 1998, ECOSOC condemned the continuing violations of the human rights of women and girls, including all forms of discrimination against them, throughout Afghanistan. 
ECOSOC, Res. 1998/9, 28 July 1998, § 1.
UN Economic and Social Council
In a resolution adopted in 2003 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, ECOSOC:
Reaffirms the obligation of all States and parties to armed conflict to protect civilians in armed conflicts in accordance with international humanitarian law, and invites States to promote a culture of protection, taking into account the particular needs of women, children, older persons and persons with disabilities.  
ECOSOC, Res. 2003/5, 15 July 2003, § 3, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1998 on the situation of human rights in Myanmar, the UN Commission on Human Rights expressed concern at the widespread use of forced labour, including as porters for the army. It particularly condemned this practice in relation to women. 
UN Commission on Human Rights, Res. 1998/63, 21 April 1998, § 3, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1998 on the question of human rights in Afghanistan, the UN Commission on Human Rights condemned “the widespread violations and abuses of human rights and humanitarian law … in particular, the human rights of women and girls”. 
UN Commission on Human Rights, Res. 1998/70, 21 April 1998, §§ 2(b) and 3(a), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN Commission on Human Rights urged all parties to the conflict in the Democratic Republic of the Congo to “respect the rights of women and to take special measures to protect women and children from sexual and all other forms of violence”. 
UN Commission on Human Rights, Res. 2003/15, 17 April 2003, § 4(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the elimination of violence against women, the UN Commission on Human Rights:
Deeply concerned that some groups of women, such as … refugee and internally displaced women, migrant women … and women in situations of armed conflict are often especially targeted or vulnerable to violence …
14. Stresses that States have an affirmative duty to promote and protect the human rights of women and girls and must exercise due diligence to prevent, investigate and punish acts of all forms of violence against women and girls, and calls upon States:
(g) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether … in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and humanitarian law, and to take action to investigate and punish persons who perpetrate acts of violence against women;
(k) To develop and/or enhance, including through funding, training programmes for judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping, humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to violence against women and to sensitize such personnel to the nature of gender-based acts and threats of violence;
15. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of international human rights and humanitarian law;
17. Stresses the importance of efforts to eliminate impunity for violence against women in situations of armed conflict, including by prosecuting gender-related crimes and crimes of sexual violence in the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda;
21. Also urges States to provide gender-sensitive training to all actors, as appropriate, in peacekeeping missions in dealing with victims, particularly women and girls, of violence, including sexual violence and, in this regard, acknowledges the important role of peace support operations personnel in eliminating violence against women, and calls upon States to promote, and relevant agencies of the United Nations system and regional organizations to ensure, implementation of the Ten Rules Code of Personal Conduct for Blue Helmets. 
UN Commission on Human Rights, Res. 2003/45, 23 April 2003, preamble and §§ 14(g) and (k), 15, 17 and 21, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Afghanistan, the UN Commission on Human Rights:
Notes with concern reports of violence perpetrated by Afghan elements against certain ethnic groups, internally displaced persons and refugees who have returned, as well as cases of arbitrary arrest and detention and attacks against women and girls. 
UN Commission on Human Rights, Res. 2003/77, 25 April 2003, § 8, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights condemned the “ongoing widespread violations and abuses of human rights and humanitarian law, in particular against internally displaced persons, minorities, vulnerable groups, women and children”. 
UN Commission on Human Rights, Res. 2003/78, 25 April 2003, § 6(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the elimination of violence against women, the UN Commission on Human Rights:
Deeply concerned that some groups of women, such as women … internally displaced women … and women in situations of armed conflict are often especially targeted or vulnerable to violence …
15. Stresses that States have an affirmative duty to promote and protect the human rights and fundamental freedoms of women and girls and must exercise due diligence to prevent, investigate and punish all acts of violence against women and girls, and calls upon States:
(h) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether … in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and international humanitarian law, and to take action to investigate and punish persons who perpetrate acts of violence against women;
(l) To develop and/or enhance, including through funding, training programmes for judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping, humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to violence against women and to sensitize such personnel to the nature of genderbased acts and threats of violence;
16. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of human rights and international humanitarian law;
19. Stresses the importance of efforts to eliminate impunity for violence against women and girls in situations of armed conflict, including by prosecuting genderrelated crimes and crimes of sexual violence by providing protective measures, counselling and other appropriate assistance, to victims and witnesses in international and internationallysupported courts and tribunals, by integrating a gender perspective into all efforts to eliminate impunity, including into commissions of inquiry and commissions for achieving truth and reconciliation, and invites the Special Rapporteur to report, as appropriate, on these mechanisms;
20. Urges States to provide gendersensitive training to all actors, as appropriate, in peacekeeping missions in dealing with victims, particularly women and girls, of violence, including sexual violence and, in this regard, acknowledges the important role of peace support operations personnel in eliminating violence against women, and calls upon States to promote, and relevant agencies of the United Nations system and regional organizations to ensure, implementation of the Ten Rules Code of Personal Conduct for Blue Helmets. 
UN Commission on Human Rights, Res. 2004/46, 20 April 2004, preamble and §§ 15(h) and (l), 16, and 19–20, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights condemned the “ongoing widespread violations and abuses of human rights and humanitarian law, in particular against internally displaced persons, minorities, vulnerable groups, women and children”. 
UN Commission on Human Rights, Res. 2004/80, 21 April 2004, § 9(c), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on advisory services and technical assistance in Burundi, the UN Commission on Human Rights:
Condemns all acts of violence and violations of human rights and international humanitarian law and calls on the Transitional Government to put an end to impunity within the context of the rule of law and ensure that those responsible for violence in general, and violence against women in particular, are brought to justice in accordance with international conventions and the law. 
UN Commission on Human Rights, Res. 2004/82, 21 April 2004, § 4, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the elimination of violence against women, the UN Commission on Human Rights:
Deeply concerned that all forms of discrimination, including racism, racial discrimination, xenophobia and related intolerance, and multiple or aggravated forms of discrimination and disadvantage can lead to the particular targeting or vulnerability to violence of girls and some groups of women, such as … women in situations of armed conflict …
17. Stresses that States have an affirmative duty to promote and protect the human rights and fundamental freedoms of women and girls and must exercise due diligence to prevent, investigate and punish all acts of violence against women and girls, and calls upon States:
(k) To enact and, where necessary, reinforce or amend domestic legislation, including measures to enhance the protection of victims, to investigate, prosecute, punish and redress the wrongs done to women and girls subjected to any form of violence, whether … in custody or in situations of armed conflict, to ensure that such legislation conforms with relevant international human rights instruments and international humanitarian law, to abolish existing laws, regulations, customs and practices which constitute discrimination against women, to remove gender bias in the administration of justice, and to take action to investigate and punish persons who perpetrate acts of violence against women and girls;
(q) To develop and/or enhance, including through funding, training programmes for judicial, legal, medical, social, educational, police, correctional service, military, peacekeeping, humanitarian relief and immigration personnel, in order to prevent the abuse of power leading to violence against women and girls and to sensitize such personnel to the nature of genderbased acts and threats of violence;
(r) To provide gendersensitive training to all actors, as appropriate, in peacekeeping missions in dealing with female victims of violence, including sexual violence and, in this regard, acknowledges the important role of peace support operations personnel in eliminating violence against women and girls, and calls upon States to promote, and relevant agencies of the United Nations system and regional organizations to ensure full and effective implementation of the Ten Rules Code of Personal Conduct for Blue Helmets;
18. Strongly condemns violence against women and girls committed in situations of armed conflict, such as murder, rape, including widespread and systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of human rights and international humanitarian law;
21. Stresses the importance of, and critical need for, concerted efforts to eliminate impunity for violence against women and girls in situations of armed conflict, including by prosecuting genderrelated crimes and crimes of sexual violence, by providing protective measures, counselling and other appropriate assistance to victims and witnesses, by integrating a gender perspective into all efforts to eliminate impunity, including in international, internationally supported and domestic courts and other tribunals, commissions of inquiry and commissions for achieving truth and reconciliation, and invites the Special Rapporteur to report, as appropriate, on these mechanisms. 
UN Commission on Human Rights, Res. 2005/41, 19 April 2005, preamble and §§ 17(k), (q)–(r), 18 and 21, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on advisory services and technical assistance in Burundi, the UN Commission on Human Rights:
7. Strongly condemns all acts of violence and violations of human rights and international humanitarian law, and calls upon the Transitional Government to put an end, as soon as possible, to impunity within the context of the rule of law and ensure that those responsible for violence in general, and violence against women in particular, are brought to justice in accordance with international conventions and the law;
14. Strongly encourages the Transitional Government to continue to improve the status of women, promote the reintegration of female victims of armed conflict and violence, and improve their living conditions, while encouraging the parties that have not yet done so to stop using child soldiers;
19. Exhorts the Transitional Government to take the necessary steps to promote and protect all human rights in Burundi and to end violence against women and impunity in the country;
20. Declares its profound concern at the sexual violence against women and children and requests the Transitional Government to take, in cooperation with civil society, special measures to protect women and children. 
UN Commission on Human Rights, Res. 2005/75, 20 April 2005, §§ 7, 14 and 19–20, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on assistance to Sierra Leone in the field of human rights, the UN Commission on Human Rights urged the Government of Sierra Leone:
To continue to give priority attention, in cooperation with the international community, to programmes aimed at addressing the plight … of women and children in its care, in particular those sexually abused and gravely traumatized and displaced as a result of the conflict, and taking also into consideration the needs of female ex-combatants and female camp followers who did not benefit from disarmament, demobilization and reintegration. 
UN Commission on Human Rights, Res. 2005/76, 20 April 2005, § 2(b), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in Nepal, the UN Commission on Human Rights:
7. Calls upon all parties to the conflict to respect human rights and international humanitarian law, in particular common article 3 of the Geneva Conventions of 12 August 1949, as well as to act in conformity with all other relevant standards relating to the protection of civilians, particularly of women and children, and to allow the safe and unhindered access of humanitarian organizations to those in need of assistance;
8. Urges the Government of Nepal:
(e) To take appropriate measures to protect women and girls from gender-based violence, as emphasized by the Security Council in resolution 1325 (2000), and to prevent and prosecute traffickers in women and children. 
UN Commission on Human Rights, Res. 2005/78, 20 April 2005, §§ 7 and 8(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights requested the Transitional Government to take specific measures “[t]o respond to the specific needs of women and girls during and after the conflict”. 
UN Commission on Human Rights, Res. 2005/85, 21 April 2005, § 6(h), adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the situation of human rights in Darfur, the UN Human Rights Council:
3. Expresses its deep concern regarding the seriousness of the ongoing violations of human rights and international humanitarian law in Darfur, including armed attacks on the civilian population and humanitarian workers, widespread destruction of villages, and continued and widespread violence, in particular gender-based violence against women and girls, as well as the lack of accountability of perpetrators of such crimes;
4. Calls upon all parties to the conflict in Darfur to put an end to all acts of violence against civilians, with a special focus on vulnerable groups including women, children and internally displaced persons, as well as humanitarian workers. 
UN Human Rights Council, Res. 4/8, 30 March 2007, §§ 3 and 4, adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the Human Rights Council Group of Experts on the situation of human rights in Darfur, the UN Human Rights Council reiterated its call upon all parties “to put an end to all acts of violence against civilians, with special focus on vulnerable groups, including women, children and internally displaced persons, as well as human rights defenders and humanitarian workers”. 
UN Human Rights Council, Res. 6/35, 14 December 2007, § 7, adopted without a vote.
UN Commission on Human Rights (Special Rapporteur)
In 1998, in a report on violence against women, the Special Rapporteur of the UN Commission on Human Rights on Violence against Women, its Causes and Consequences stated:
It has been posited that the military establishment is inherently masculine and misogynist, inimical to the notion of women’s rights. The masculinity cults that pervade military institutions are intrinsically anti-female and therefore create a hostile environment for women. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1998/54, 26 January 1998, § 9.
The Special Rapporteur recommended at the international level that:
95. Existing humanitarian legal standards should be evaluated and practices revised to incorporate developing norms on violence against women during armed conflict. The Torture and Genocide Conventions and the Geneva Conventions, in particular, should be re-examined and utilized in this light.
96. Since peacekeeping has become an important part of the activities of the United Nations, peacekeepers should be given necessary training in gender issues before they are sent to troubled areas. Offences committed by peacekeepers should also be considered international crimes and they should be tried accordingly. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1998/54, 26 January 1998, §§ 95–96.
The report also listed cases of violence against women in times of armed conflict in Afghanistan, Algeria, Guatemala, Haiti, India, Indonesia (East Timor), Japan (comfort women during the Second World War), Liberia, Mexico, China (Tibet), Peru, Rwanda, Sri Lanka and United States. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1998/54, 26 January 1998, §§ 20 and 21 (Afghanistan), §§ 22 and 23 (Algeria), §§ 28 and 29 (Guatemala), §§ 30 and 31(Haiti), §§ 32–36 (India), §§ 26 and 27 (Indonesia, East Timor), §§ 37 and 38 (Japan, comfort women during the Second World War), §§ 39–44 (Liberia), §§ 45 and 46 (Mexico), § 47 (China, Tibet), §§ 48 and 49 (Peru), §§ 50–52 (Rwanda), §§ 53–55 (Sri Lanka) and §§ 56 and 57 (US).
UN Commission on Human Rights (Special Rapporteur)
In 2001, in a report on violence against women perpetrated and/or condoned by the State during times of armed conflict, the Special Rapporteur of the UN Commission on Human Rights on Violence against Women, its Causes and Consequences stated:
48. It is now widely recognized that armed conflict has a different and more damaging long-term impact on children, and that female children may face specific risks that are different from those of boys. As is reflected throughout the case studies below, girls face many if not all of the risks that are experienced by women during armed conflict … And while they may find themselves responsible for the shelter and feeding of younger siblings, they encounter numerous obstacles that make these tasks difficult because of their age and gender. …
52. Despite the specific needs and experiences of girls in armed conflict, girls are often the last priority when it comes to the distribution of humanitarian aid and their needs are often neglected in the formulation of demobilization and reintegration programmes. There is growing recognition that the specific needs of girls require special protective measures, both during armed conflicts and in post-conflict situations.  
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report on violence against women perpetrated and/or condoned by the State during times of armed conflict (1997–2000), UN Doc. E/CN.4/2001/73, 23 January 2001, §§ 48 and 52.
The report also listed cases of violence against women in times of armed conflict committed between 1997 and 2000 in Afghanistan, Burundi, Colombia, Democratic Republic of the Congo, East Timor, Federal Republic of Yugoslavia (Kosovo), India, Indonesia (West Timor), Japan (developments with regards to justice for comfort women), Myanmar, Russian Federation (Chechnya), Sierra Leone and Sri Lanka. The report made detailed recommendations of measures to be taken at both the international and national levels. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report on Violence against women perpetrated and/or condoned by the State during times of armed conflict (1997–2000), UN Doc. E/CN.4/2001/73, 23 January 2001, §§ 68–71 (Afghanistan), §§ 72 and 73 (Burundi), §§ 74 and 75 (Colombia), §§ 76–78 (DRC), §§ 79–81 (East Timor), §§ 82–84 (Federal Republic of Yugoslavia, Kosovo), §§ 85–87, (India), §§ 89–91 (Indonesia, West Timor), §§ 92–96 (Japan), §§ 97–99 (Myanmar), §§ 100–103 (Russia, Chechnya), §§ 104–108 (Sierra Leone), §§ 109–113 (Sri Lanka) and §§ 114–135.
Council of Europe Parliamentary Assembly
In a recommendation adopted in 1995 on Turkey’s military intervention in northern Iraq, the Council of Europe Parliamentary Assembly asked Turkey “to guarantee the fundamental rights of civilians, in particular those of the more vulnerable” groups, including women. 
Council of Europe, Parliamentary Assembly, Rec. 1266, 26 April 1995, § 5.
European Parliament
In a resolution adopted in 1999, the European Parliament condemned the atrocities committed against the civilian population, and particularly women, in Sierra Leone. 
European Parliament, Resolution on the situation in Sierra Leone, 14 January 1999, § G.
World Conference on Human Rights
In the Vienna Declaration and Programme of Action, the World Conference on Human Rights in 1993 expressed deep concern about “violations of human rights during armed conflicts, affecting the civilian population, especially women” and therefore called upon States and all parties to armed conflicts “strictly to observe international humanitarian law”. 
World Conference on Human Rights, Vienna, 14–25 June 1993, Vienna Declaration and Programme of Action, UN Doc. A/CONF.157/23, 12 July 1993, § I(29).
The Conference further stated:
Violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic rape, sexual slavery, and forced pregnancy, require a particularly effective response. 
World Conference on Human Rights, Vienna, 14–25 June 1993, Vienna Declaration and Programme of Action, UN Doc. A/CONF.157/23, 12 July 1993, § II(38).
International Conference of the Red Cross and Red Crescent (1995)
The 26th International Conference of the Red Cross and Red Crescent in 1995 recognized “the fundamental link between assistance to and protection of women victims of conflict” and urged that “strong measures be taken to provide women with the protection and assistance to which they are entitled under national and international law”. The Conference further encouraged
States, the Movement and other competent entities and organizations to develop preventive measures, assess existing programmes and set up new programmes to ensure that women victims of conflict receive medical, psychological and social assistance, provided if possible by qualified personnel who are aware of the specific issues involved. 
26th International Conference of the Red Cross and Red Crescent, Geneva, 3–7 December 1995, Res. II, § B(b) and (e).
International Conference of the Red Cross and Red Crescent (1999)
The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent requested that all the parties to an armed conflict take effective measures to ensure that “in the conduct of hostilities, every effort is made … to spare the life, protect and respect the civilian population, with particular protective measures for women and girls”. 
27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(a).
Committee on the Elimination of Discrimination Against Women
In 1992, in its General Recommendation on violence against women, the CEDAW stated: “Gender-based violence … impairs or nullifies the enjoyment by women of human rights and fundamental freedoms [including] … the right to equal protection according to humanitarian norms in time of international or internal armed conflict.” 
CEDAW, General Recommendation No. 19 (Violence against women), 30 January 1992, § 7(c).
Committee on the Elimination of Discrimination Against Women
In 1998, in its concluding observations on the report of Mexico, the CEDAW expressed concern about the situation of indigenous women in Chiapas and recommended that “the government of Mexico pay special attention to safeguarding the human rights of women in conflict zones”. 
CEDAW, Concluding observations on the report of Mexico, UN Doc. A/53/38, 14 May 1998, § 425.
Committee on the Elimination of Discrimination Against Women
In 1998, in its report to the UN General Assembly, the CEDAW stated in relation to Indonesia that it was
concerned that the information provided on the situation of women in areas of armed conflict reflects a limited understanding of the problem. The Government’s remarks are confined to the participation of women in the armed forces and do not address the vulnerability of women to sexual exploitation in conflict situations, as well as a range of other human rights abuses affecting women in such contexts. 
CEDAW, Report to the UN General Assembly, UN Doc. A/53/38/Rev.1, 14 May 1998, § 295.
Committee on the Elimination of Discrimination Against Women
In 1999, in a report to the UN General Assembly, the CEDAW stated: “States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict.” The Committee expressed concern at “the persistence of widespread violence as a result of the armed conflict” in Colombia, stating that “women are the principal victims” and that they “lack the resources needed for survival in a situation in which they are called upon to assume greater responsibilities”. In relation to Georgia, the Committee expressed concern that “the National Action Plan [had] not yet been implemented”. The plan addressed, inter alia, “making special efforts for women … victims of armed conflicts”. 
CEDAW, Report to the UN General Assembly, UN Doc. A/54/38/Rev.1, 20 August 1999, Part I, §§ 16 and 358, and Part II, § 96.
Committee on the Elimination of Discrimination Against Women
In 2000, in a report to the UN General Assembly, the CEDAW stated that it was “concerned that women [in India] were exposed to high levels of violence, … humiliation and torture in areas where there are armed insurrections”. It recommended
a review of prevention of terrorism legislation and the Armed Forces Special Provisions Acts, … so that special powers given to security forces do not prevent the investigation and prosecution of acts of violence against women in conflict areas and during detention and arrest. 
CEDAW, Report to the UN General Assembly, UN Doc. A/55/38, 17 August 2000, §§ 71 and 72.
Eritrea-Ethiopia Claims Commission
In its Central Front (Eritrea’s Claim) partial award in 2004, the Eritrea-Ethiopia Claims Commission, in considering the specific protection afforded to women, stated:
37. … Under Common Article 3(1), States are obliged to ensure that women civilians are granted fundamental guarantees, including the prohibition against “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture … outrages on personal dignity, in particular humiliating and degrading treatment.” Article 27 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (“Geneva Convention IV”) provides (emphasis added):
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault.
38. Article 76.1 of [the 1977] Protocol I adds: “Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault”. 
Eritrea-Ethiopia Claims Commission, Central Front, Eritrea’s Claim, Partial Award, 28 April 2004, §§ 37–38; see also Central Front, Ethiopia’s Claim, Partial Award, 28 April 2004, § 35; Civilians Claims, Ethiopia’s Claim, Partial Award, 17 December 2004, § 84; Western Front, Aerial Bombardment and Related Claims, Eritrea’s Claim, Partial Award, 19 December 2005, §§ 75–76; Western and Eastern Fronts, Ethiopia’s Claim, Partial Award, 19 December 2005, §§ 50–51.
[emphasis in original]
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that “women … shall be treated with all regard due to their sex”. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 666.
ICRC
At the 27th International Conference of the Red Cross and Red Crescent in 1999, the ICRC pledged “to put emphasis throughout its activities on the respect which must be accorded to women and girl children” and furthermore “to ensure that the specific protection, health and assistance needs of women and girl children affected by armed conflicts are appropriately assessed in its operations with the aim to alleviate the plight of the most vulnerable”. 
ICRC, Pledge made at the 27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999.
Bangkok NGO Declaration on Human Rights
The Bangkok NGO Declaration on Human Rights adopted in 1993 states: “In crisis situations – ethnic violence, communal riots, armed conflicts, military occupation and displacement – women’s rights are specifically violated.” 
World Conference on Human Rights, Regional Preparatory Meeting for Asia-Pacific, Bangkok, 24–28 March 1993, Bangkok NGO Declaration on Human Rights, UN Doc. A/CONF.157/PC/83, 19 April 1993, § 3.
DRC Pledge of Commitment
In 2008, the armed groups party to the DRC Pledge of Commitment, “deeply deploring the insecurity that has prevailed for a long time in the province of North Kivu, causing massive displacements of populations and enormous suffering of civilians as well as massive violations of human rights”, undertook to strictly observe “rules of international humanitarian law and human rights law, notably … [to] halt acts of violence, abuse, discrimination and exclusion, in any form … and in particular against women.” 
Acte d’engagement signé par le CNDP-Mouvement Politico-Militaire, la PARECO/FAP, les Mai-Mai Kasindien, les Mai-Mai Kifuafua, les Mai-Mai Vurondo, les Mai-Mai Mongol, l’UJPS, les Mai-Mai Rwenzori et le Simba avec l’engagement solennel des Représentants de la Communauté Internationale, facilitateurs du présent acte d’engagement – les Nations-Unies, la Conférence Internationale sur la Région des Grands Lacs, les Etats-Unis d’Amérique, l’Union Africaine, l’Union Européenne et le Gouvernement (Pledge of Commitment signed by the CNDP-Mouvement Politico-Militaire, PARECO/FAP, Mai-Mai Kasindien, Mai-Mai Kifuafua, Mai-Mai Vurondo, Mai-Mai Mongol, UJPS, Mai-Mai Rwenzori and Simba with the solemn commitment of the representatives of the international community, facilitators of this pledge of commitment – the United Nations, the International Conference on the Great Lakes Region, the United States of America, the European Union and the Government), Goma, 23 January 2008, Preamble and Article III, §§ 1–5.
Note: For practice concerning the establishment of hospital and safety zones to protect expectant mothers and mothers of children under seven, see Rule 35.
Geneva Convention IV
Article 16, first paragraph, of the 1949 Geneva Convention IV states that “expectant mothers, shall be the object of particular protection and respect”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 16, first para.
Geneva Convention IV
Article 38, fifth paragraph, of the 1949 Geneva Convention IV provides that, as aliens in the territory of a party to the conflict, “pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 38, fifth para.
Geneva Convention IV
Article 50, fifth paragraph, Article 89, fifth paragraph, and Article 132, second paragraph, of the 1949 Geneva Convention IV contain specific mentions in relation to the provision of food, clothing, medical assistance and evacuation for both pregnant women and nursing mothers. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 50, fifth para., Article 89, fifth para., and Article 132, second para.
Geneva Convention IV
Article 18, first paragraph, Article 21, Article 22, first paragraph, Article 23, first paragraph, Article 91, second paragraph, and Article 127, third paragraph, of the 1949 Geneva Convention IV contain specific mentions in relation to medical assistance to and transport for pregnant women. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 18, first para., Article 21, Article 22, first para., Article 23, first para., Article 91, second para., and Article 127, third para.
Geneva Convention IV
Article 17 of the 1949 Geneva Convention IV states: “The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of … maternity cases”. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 17.
Additional Protocol I
Article 70(1) of the 1977 Additional Protocol I states:
In distribution of relief consignments, priority shall be given to … expectant mothers, maternity cases and nursing mothers, who under the fourth Geneva Convention or under this Protocol are to be accorded privileged treatment or special protection. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 70(1). Article 70 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 245.
Additional Protocol I
Article 76(2) of the 1977 Additional Protocol I states: “Pregnant women and mothers having dependent infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their cases considered with the utmost priority.” 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 76(2). Article 76 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Additional Protocol I
According to Article 8(a) of the 1977 Additional Protocol I, the terms “wounded” and “sick” also cover maternity cases and expectant mothers. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 8(a). Article 8 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.37, 24 May 1977, p. 68.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 76(2) of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 76(2) of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
Argentina
Argentina’s Law of War Manual (1969) contains several specific rules intended to protect pregnant women and nursing mothers from the effects of war. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, §§ 1.014, 4.004(1) and 4.006; see also Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, §§ 4.05 and 4.11.
Argentina
Argentina’s Law of War Manual (1989) provides that “maternity cases, pregnant women … are considered as” included in the concept of wounded and sick. 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 2.02.
The manual further states: “Pregnant women and mothers with dependent young children, who are arrested for reasons related to the armed conflict, shall be cared for with absolute priority.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 4.13.
Australia
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
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
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).
Brazil
Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:
In case the Ministry of Foreign Affairs does not state who is to be evacuated with priority, the Joint Command shall follow this guidance:
b) the table below sets out who shall be evacuated with priority.
… Categories
A – Pregnant women. 
Brazil, Manual de Operações de Evacuação de Não-Combatentes, Ministério da Defesa, Estado-Maior de Defesa, MD33-M-08, Ordinance No. 1351/EMD/MD of 11 October 2007, published in Diário Oficial da União, No. 198, 15 October 2007, § 7.4.1(b).
The Operations Manual also states:
1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs, for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …
3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.
Annex A. Rules of Engagement and the Law of Armed Conflict
3. The Law of Armed Conflict
According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment. 
Brazil, Manual de Operações de Evacuação de Não-Combatentes, Ministério da Defesa, Estado-Maior de Defesa, MD33-M-08, Ordinance No. 1351/EMD/MD of 11 October 2007, published in Diário Oficial da União, No. 198, 15 October 2007, §§ 1.2.1 and 3.4.1, and Annex A, § 3.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states: “The terms ‘wounded’ and ‘sick’ also cover maternity cases, newly-born and all other persons with immediate medical needs [such as] … expectant mothers.” 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 57.
Cameroon
Cameroon’s Instructor’s Manual (2006), under the heading “Protection of Women”, states: “If they are amongst persons arrested, detained or interned for reasons related to a conflict while they are pregnant or have young children, their case must be examined with absolute priority.” 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 29, § 131; see also p. 75, § 321.
The manual also states under the heading “The Wounded, Sick [and] Shipwrecked” that “[m]aternity cases and the newborn benefit from the protection” accorded to the sick and wounded. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 95, § 352.29; see also p. 137, § 412.282.
Canada
Canada’s LOAC Manual (1999) contains several specific rules intended to protect maternity cases and expectant mothers. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-10, § 103, p. 6-4, § 35, p. 11-2, § 16, p. 11-3, § 23 and p. 12-4, § 32.
Canada
Canada’s LOAC Manual (2001) states in its chapter on targeting:
Hospital and safety zones can be established by parties to a conflict to protect the following persons from the effects of armed conflict:
c. expectant mothers; and
d. mothers of children under the age of seven. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 454.1.c–d.
In its chapter on land warfare, the manual states:
If circumstances permit, the parties to a conflict must endeavour to conclude local agreements for the removal from besieged areas of wounded, sick, infirm, and aged persons, children and maternity cases. The parties should also permit passage to these areas of:
e. essential foodstuffs, clothing, and tonics intended for children under the age of 15, expectant mothers, and maternity cases. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 614.6.e.
In its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power, the manual provides: “Special protection and respect must be given to the wounded and sick, the infirm and expectant mothers.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1110.
In its chapter on rights and duties of occupying powers, the manual states:
The occupying power is under an obligation to allow free passage of all consignments of medical and hospital stores and … essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1219.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states with regard to the special dietary requirements of prisoners of war (PW): [P]regnant female PW are … to be provided with appropriate dietary supplements as directed by the Canadian or coalition Medical officer”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F11.2.
With regard to the liability for work duties, the manual states: “pregnant female PW are not to be employed on any work that might, directly or indirectly, endanger their health or that of her unborn child”. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3G01.1.d.
Chad
Chad’s Instructor’s Manual (2006) states: “If pregnant women or mothers with young children are arrested, detained or interned because of the conflict, their cases must be considered with the utmost priority.” 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 53.
Colombia
Colombia’s Basic Military Manual (1995) states:
In these cases, the IHL rules favour especially the civilian population, so that the assistance and protection which the parties to the conflict shall bring are given in priority to the most vulnerable persons or groups of persons, who are: … pregnant women. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 25.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.1.2. Women
… If a pregnant woman or a mother of a small child is detained because she is suspected of an offence, her case must be examined with priority. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 22.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states: “Women have … the right under IHL to certain forms of protection specific to their sex, namely the following: … measures regarding the specific physical needs of pregnant women and mothers of infants and young children.” 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 23.
France
France’s LOAC Teaching Note (2000) states: “A particular attention shall be paid to the protection of … pregnant women and mothers accompanied by children under seven years old.” 
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, pp. 4–5; see also Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 125.
France
France’s LOAC Manual (2001) contains specific rules intended to protect maternity cases and states: “Out of concern for their protection, pregnant women and maternity cases … are included in the same category as the wounded and sick under humanitarian law.” 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, pp. 32 and 64.
Germany
Germany’s Military Manual (1992) contains specific rules intended to protect “expectant mothers and mothers of children under seven from any attack”. 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten KonfliktenHandbuch, August 1992, § 512.
Kenya
Kenya’s LOAC Manual (1997) contains specific rules intended to protect expectant mothers and maternity cases. 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 4, pp. 5–6.
Madagascar
Madagascar’s Military Manual (1994) provides that maternity cases and pregnant women are included in the same category as the wounded and sick. 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 4-SO, § B.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on Geneva Convention IV, states: “This Convention includes provisions for the parties to a conflict to make local agreements for the evacuation of … women in labour from besieged or encircled areas”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 209.
Netherlands
The Military Manual of the Netherlands (1993) states: “Pregnant women and mothers having dependent infants shall be respected.” 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. VIII-3.
Netherlands
The Military Manual (2005) of the Netherlands states: “Pregnant women and mothers with small children are entitled to special protection.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0811.
New Zealand
New Zealand’s Military Manual (1992) contains several specific rules intended to protect expectant mothers and mothers of children under seven. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 508(3), 1106(1), 1108, 1110, 1111(1), 1118, 1131(1), 1318(1) and 1405(4).
Nigeria
Nigeria’s Operational Code of Conduct (1967) states: “Under no circumstances should pregnant women be ill-treated or killed.” 
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(a).
Nigeria
Nigeria’s Military Manual (1994) states:
Duly recognized civilian hospitals with their staff, as well as land, sea or air transport of wounded and sick persons, the infirm or maternity cases are entitled to similar respect and protection as provided in the first and second conventions for their military counterparts. 
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 18, § 12.
Peru
Peru’s IHL Manual (2004) states: “Special attention should be given to certain categories of people, on account of their age or condition, such as … pregnant women.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 84.c.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “Special attention should be given to certain categories of people, on account of their age or condition, such as … pregnant women”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 75(b), p. 274
South Africa
South Africa’s LOAC Teaching Manual (2008) states:
2.4 Specifically Protected Persons and Objects:
a. Civilians
[1949] Geneva Convention IV further stipulates special categories of civilian persons who enjoy special protection under the Convention (articles 4, 14, 16, 17 and 24), to wit:
- Expectant mothers;
- Mothers of children under the age of seven;
Protective Measures in Favour of Women and Children (Additional Protocol I Article 76 and 77)
Article 76 determines that women shall be the object of special respect and shall, in particular, be protected against rape, forced prostitution and any other form of indecent assault.
Conclusion
… Article 4 of Geneva Convention IV provides for further refinements to this definition [of civilians]. …
Special categories of civilian persons who enjoy special protection under the Convention are expectant mothers, mothers of children under the age of seven, aged or infirm persons, wounded and sick civilians and children younger than fifteen. 
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 2, pp. 112, 113–114, 121 and 123.
Spain
Spain’s LOAC Manual (1996) states: “Pregnant women and mothers of young children shall receive a particular attention.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 1.3.c.(1); see also §§ 4.5.b.(3), 9.4.a and 9.5.a.
Spain
Spain’s LOAC Manual (2007) states that the “law of armed conflict reflects the need to provide special protection to those victims of war who are more vulnerable to danger”. In that context: “Priority is given to the care of pregnant women and women with young children.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1); see also §§ 4.5.b.(3).(b), 9.4.a and 9.5.
Switzerland
Switzerland’s Basic Military Manual (1987) contains several rules intended to protect specifically maternity cases and pregnant women. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Articles 33, 36 and 37.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) contains several rules intended to protect specifically maternity cases and pregnant women. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 28, 29, 32–35, 46 and 538.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Pamphlet (1981) contains specific rules intended to protect expectant women and mothers with children under seven years of age. 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 9, p. 34, §§ 2, 3 and 5.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “Pregnant women and mothers of dependent children who are arrested, detained or interned for reasons related to the armed conflict must have their cases considered with the utmost priority.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.8.2.
United States of America
The US Field Manual (1956) contains several rules intended to protect specifically maternity cases and pregnant women. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 44, 253, 256, 257, 260–262, 277(5), 296, 383.
United States of America
The US Air Force Pamphlet (1976) contains several rules intended to protect specifically maternity cases and pregnant women. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, §§ 14-3 and 14-5.
Azerbaijan
Azerbaijan’s Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War (1995) states: “Pregnant women and women with young children have to be assured of kind treatment and care.” 
Azerbaijan, Law concerning the Protection of Civilian Persons and the Rights of Prisoners of War, 1995, Article 15.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 14, 16, 17, 18, 21, 22, 23, 38, 50, 89, 91, 127 and 132 of the Geneva Convention IV, and of the 1977 Additional Protocol I, including violations of Articles 70(1) and 76(2), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Philippines
The Act on Child Protection of the Philippines (1992) states: “Expectant mothers and nursing mothers shall be given additional food in proportion to their physiological needs.” 
Philippines, Act on Child Protection, 1992, Sections 23–24.
Venezuela
Venezuela’s Law against Kidnapping and Extortion (2009) states:
Article 9. Forcible enlistment
Anyone who, by means of threat or deception, holds, hides, takes or transfers by any means whatsoever, one or more persons for purposes of subjecting them to forcible enlistment, in order to include them in irregular armed groups, shall be punished with imprisonment of 15 to 20 years.
Article 10. Aggravating factors
The penalties for the offences envisaged in the preceding articles shall be increased by one third when:
1. The victim is … a pregnant woman[.] 
Venezuela, Law against Kidnapping and Extortion, 2009, Articles 9–10(1).
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
The accused’s position is stated to be that this Court has no jurisdiction to try him.
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed. 
South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.
[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.
Switzerland
Switzerland’s ABC of International Humanitarian Law (2009) states: “Pregnant women and mothers of small children enjoy the same status as the sick and Wounded, being transferred to safety zones and are first in line for assistance.” 
Switzerland, Federal Department of Foreign Affairs, ABC of International Humanitarian Law, 2009, p. 42.
Syrian Arab Republic
The Report on the Practice of the Syrian Arab Republic asserts that the Syrian Arab Republic considers Article 76 of the 1977 Additional Protocol I to be part of customary international law. 
Report on the Practice of the Syrian Arab Republic, 1997, Chapter 5.3.
Venezuela
In 2011, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Venezuela stated:
83. The Act against Kidnapping and Extortion, published in Gaceta Oficial No. 39194, of 5 June 2009, defines forcible enlistment as a criminal offence separate from kidnapping. Article 9 of the Act stipulates that anyone who, by means of threat or deception, holds, hides, takes or transfers by any means whatsoever, one or more persons for purposes of subjecting them to forcible enlistment, in order to include them in [irregular armed] groups, shall be punished with imprisonment of 15 to 20 years.
84. … Article 10, paragraph 1 provides that penalties for the offences envisaged in the preceding articles shall be increased by one third when: 1. The victim is … a pregnant woman[.] 
Venezuela, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 12 September 2013, UN Doc. CRC/C/OPAC/VEN/1, submitted 5 July 2011, §§ 83–84.
UN Commission on Human Rights
In a resolution adopted in 2005 on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, the UN Commission on Human Rights:
Recalling the applicability of the Geneva Convention relative to the Protection of Civil Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the relevant resolutions of the Security Council and the Commission on Human Rights,
Condemning the denial by Israel of access to hospitals for Palestinian pregnant women, which forces them to give birth at checkpoints under hostile, inhumane and humiliating conditions,
4. Requests the United Nations High Commissioner for Human Rights to address the issue of Palestinian pregnant women giving birth at Israeli checkpoints owing to denial of access by Israel to hospitals, with a view to ending this inhumane Israeli practice, and to report thereon to the General Assembly at its sixtieth session and the Commission at its sixty-second session. 
UN Commission on Human Rights, Res. 2005/7, 14 April 2005, preamble and § 4, voting record: 29-10-14.
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International Covenant on Civil and Political Rights
Article 6(5) of the 1966 International Covenant on Civil and Political Rights states: “Sentence of death shall not … be carried out on pregnant women.” 
International Covenant on Civil and Political Rights, adopted by the UN General Assembly, Res. 2200 A (XXI), 16 December 19, Article 6(5).
American Convention on Human Rights
Article 4(5) of the 1969 American Convention on Human Rights provides: “Capital punishment shall not be … applied to pregnant women.” 
American Convention on Human Rights, adopted by the OAS Inter-American Specialized Conference on Human Rights, San José, 22 November 1969, also known as Pact of San José, Article 4(5).
Additional Protocol I
Article 76(3) of the 1977 Additional Protocol I provides:
To the maximum extent feasible, the Parties to the conflict shall 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 shall not be executed on such women. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 76(3). Article 76 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 251.
Additional Protocol II
Article 6(4) of the 1977 Additional Protocol II provides: “The death penalty shall not be pronounced … on pregnant women or mothers of young children.” 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 6(4). Article 6 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 97.
Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia
Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 76(3) of the 1977 Additional Protocol I. 
Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 76(3) of the 1977 Additional Protocol I. 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
Argentina
Argentina’s Law of War Manual (1989) states: “It is not possible to pronounce the death penalty against pregnant women or nursing mothers. If pronounced, it must not be executed.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 3.28; see also § 5.11.
With respect to non-international conflicts in particular, the manual states: “The death penalty shall not be pronounced against … pregnant women and mothers of young children.” 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 7.10.
Cameroon
Cameroon’s Instructor’s Manual (2006) states:
In case of conflict, the parties to the conflict must avoid that the death penalty be pronounced with respect to women if they are pregnant or have young children. Even if such a penalty is pronounced, it must not be executed. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 29, § 131; see also p. 49, § 213 and p. 75, § 321.
Canada
Canada’s LOAC Manual (1999) provides, with respect to non-international conflicts in particular: “The death penalty shall not be carried out on pregnant women or mothers of young children.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-4, § 30.
Canada
Canada’s LOAC Manual (2001) provides in its chapter on non-international armed conflict that “the death penalty shall not be carried out on pregnant women or mothers of young children”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1716.3.
Chad
Chad’s Instructor’s Manual (2006) states in relation to women: “In the case of conflict, the parties to the conflict must avoid them being sentenced to death, particularly if they are pregnant or have young children. Even if such a sentence is passed, it cannot be executed.” 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 53; see also pp. 34 and 92.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in book III, volume 2 (instruction of second-year trainee officers):
I.1.2. Women
… In the case of an offence related to the armed conflict, pregnant women and mothers of small children can be sentenced to death, but the death penalty must not be executed. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 22; see also Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 32.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “As far as possible, the death penalty should not be pronounced on pregnant women or mothers with dependent infants. If a death sentence is pronounced in such cases, it should not be carried out.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 188; see also § 238.
Netherlands
The Military Manual (2005) of the Netherlands states:
Section 11 - Prosecutions and procedural guarantees
1071. The prosecution and punishment of offences relating to the armed conflict should be subject to the following conditions (this relates to the bearing of arms and the committing of offences and war crimes during the internal armed conflict):
- for parties which still maintain capital punishment, the death penalty must not be imposed on persons who were younger than 18 years old at the time of committing the offence, on pregnant women or on women who are mothers of young children.
The Netherlands has abolished capital punishment. No Dutch judicial authority may pronounce a death sentence. Furthermore, the Netherlands may not agree to hand over persons under Dutch jurisdiction who are suspected or convicted of an offence carrying the death penalty, unless guarantees are given that the death penalty will not be carried out. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1071 and p. 173.
New Zealand
New Zealand’s Military Manual (1992) provides, with respect to non-international conflicts: “The death penalty shall not be carried out on pregnant women or mothers of young children.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1815(3).
Nigeria
Nigeria’s Operational Code of Conduct (1967) states: “Under no circumstances should pregnant women be ill-treated or killed.” 
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(a).
Peru
Peru’s IHL Manual (2004) states: “Every effort should be made to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants for an offence related to the armed conflict.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 32.o.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “Every effort should be made to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants for an offence related to the armed conflict.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 33(n), p. 252.
Spain
Spain’s LOAC Manual (1996) provides that if pregnant women and mothers of young children are condemned to death, the sentence shall not be executed on them. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 1.3.c.(1).
Spain
Spain’s LOAC Manual (2007) states that the “law of armed conflict reflects the need to provide special protection to those victims of war who are more vulnerable to danger”. In that context: “Priority is given to the care of pregnant women and women with young children; if they are condemned to death, the death penalty must not be executed.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.c.(1).
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
Pregnant women and mothers of dependent children who are arrested, detained or interned for reasons related to the armed conflict must have their cases considered with the utmost priority. For these women, the pronouncement of the death penalty should be avoided, as far as that is possible, and the execution of the death penalty is forbidden. In any event, United Kingdom courts may not impose death sentences. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 9.8.2; see also § 16.48 (enforcement of the law of armed conflict).
Burundi
Burundi’s Penal Code (1981) provides that “if a woman who has been sentenced to death is found to be pregnant, she must not be subjected to the punishment until after the birth”. 
Burundi, Penal Code, 1981, Article 30.
Central African Republic
The Central African Republic’s Penal Code (2010), which contains a chapter on war crimes, states in its general provisions: “If a woman who has been sentenced to death declares that she is pregnant, and if this is proven correct, she must not be subjected to the punishment until three years after the birth.” 
Central African Republic, Penal Code, 2010, Article 26.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1977 Additional Protocol I, including violations of Article 76(3), as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 6(4), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Japan
Japan’s Code of Criminal Procedure (1948), as amended in 2006, states: “If a woman condemned to death is pregnant, the execution shall be stayed by order of the Minister of Justice.” 
Japan, Code of Criminal Procedure, 1948, as amended in 2006, Article 479. (For a translation of Article 479, see Japan’s initial report to the Committee Against Torture, UN Doc. CAT/C/JPN/1, 21 March 2007, submitted 20 December 2005, Annex XIV, p. 102.)
Jordan
Under Jordanian legislation, it is prohibited to pronounce or carry out the death penalty on pregnant women and this prohibition is valid for the three months following the birth of the child. 
Jordan, Criminal Code, 1960, Article 17; Code of Criminal Procedure. 1961, as amended in 2001, Article 338.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108(b).
Viet Nam
Viet Nam’s Penal Code (1999) provides that the death penalty “shall not apply to … pregnant women and women nursing children under 36 months old at the time of committing crimes or being tried”. 
Viet Nam, Penal Code, 1999, § 35.
Zimbabwe
Zimbabwe’s Constitution (2013) states:
Chapter 4 – Declaration of Rights
48. Right to life
(2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and –
(d) the penalty must not be imposed or carried out on a woman; …
86. Limitation of rights and freedoms
(2) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including –
(b) the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest;
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them –
(a) the right to life, except to the extent specified in section 48;
87. Limitations during public emergency
(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration may –
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. 
Zimbabwe, Constitution, 2013, Sections 48(2)(d), 86(2)(b) and (3)(a), and 87(1) and (4).
South Africa
In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:
The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.
The accused’s position is stated to be that this Court has no jurisdiction to try him.
… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …
On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …
South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.
After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.
Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.
The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …
The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …
South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …
… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.
To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.
Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.
Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …
I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.
It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …
In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.
To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …
According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].
I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.
For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.
This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.
In the result, the preliminary point is dismissed. The trial must proceed. 
South Africa, Supreme Court, Petane case, Judgment, 3 November 1987, pp. 2–8.
South Africa
In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:
In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.
Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:
This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.
Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.
This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.
Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.
The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …
Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, pp. 21–22.
[footnotes in original omitted]
The Court also held:
If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris. 
South Africa, North Gauteng High Court, Boeremag case, Judgment, 26 August 2010, p. 66.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include … Article 6 providing the rule on penal prosecutions due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions. 
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
Syrian Arab Republic
The Report on the Practice of the Syrian Arab Republic asserts that the Syrian Arab Republic considers Article 76 of the 1977 Additional Protocol I to be customary. 
Report on the Practice of the Syrian Arab Republic, 1997, Chapter 5.3.
Uganda
In 2003, in its initial report to the Human Rights Committee, Uganda stated:
In Uganda’s national legislation a sentence of death is not imposed on a pregnant woman … Section 102 of the Trial on Indictments Decree, 1971 provides that where a woman convicted of an offence punishable by death is found to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of death.  
Uganda, Initial report to the Human Rights Committee, 14 February 2003, UN Doc. CCPR/C/UGA/2003/1, 25 February 2003, § 141.
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.
UN General Assembly
In a resolution adopted in 2006 on extrajudicial, summary or arbitrary executions, the UN General Assembly:
Calls upon all States in which the death penalty has not been abolished to comply with their obligations under relevant provisions of international human rights instruments, including in particular articles 6, 7 and 14 of the International Covenant on Civil and Political Rights and articles 37 and 40 of the Convention on the Rights of the Child, bearing in mind the safeguards and guarantees set out in Economic and Social Council resolutions 1984/50 of 25 May 1984 and 1989/64 of 24 May 1989. 
UN General Assembly, Res. 61/173, 19 December 2006, § 4, voting record: 137-0-43-12.
UN Commission on Human Rights
In a resolution adopted in 2003 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Recalling Economic and Social Council resolution 1984/50 of 25 May 1984 and the safeguards guaranteeing protection of the rights of those facing the death penalty, annexed thereto, and Council resolution 1989/64 of 24 May 1989 on their implementation, as well as the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly in its resolution 40/34 of 29 November 1985,
6. Calls upon all States in which the death penalty has not been abolished to comply with their obligations as assumed under relevant provisions of international human rights instruments, including in particular articles 6, 7 and 14 of the International Covenant on Civil and Political Rights and articles 37 and 40 of the Convention on the Rights of the Child, bearing in mind the safeguards and guarantees set out in Economic and Social Council resolutions 1984/50 and 1989/64. 
UN Commission on Human Rights, Res. 2003/53, 24 April 2003, preamble and § 6, voting record: 37-0-16.
UN Commission on Human Rights
In a resolution adopted in 2003 on the question of the death penalty, the UN Commission on Human Rights:
Recalling article 3 of the Universal Declaration of Human Rights which affirms the right of everyone to life, article 6 of the International Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child,
4. Urges all States that still maintain the death penalty:
(a) Not to impose it for crimes committed by persons below 18 years of age, and to exclude pregnant women from capital punishment;
(e) Not to enter any new reservations under article 6 of the Covenant which may be contrary to the object and the purpose of the Covenant and to withdraw any such existing reservations, given that article 6 enshrines the minimum rules for the protection of the right to life and the generally accepted standards in this area;
(h) To exclude mothers with dependent infants from capital punishment. 
UN Commission on Human Rights, Res. 2003/67, 24 April 2003, preamble and § 4(a), (e) and (h), voting record: 23-18-10.
UN Commission on Human Rights
In a resolution adopted in 2004 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Calls upon all States in which the death penalty has not been abolished to comply with their obligations as assumed under relevant provisions of international human rights instruments, including in particular articles 6, 7 and 14 of the International Covenant on Civil and Political Rights and articles 37 and 40 of the Convention on the Rights of the Child, bearing in mind the safeguards and guarantees set out in Economic and Social Council resolutions 1984/50 and 1989/64. 
UN Commission on Human Rights, Res. 2004/37, 19 April 2004, § 7, voting record: 39-0-12.
UN Commission on Human Rights
In a resolution adopted in 2004 on the question of the death penalty, the UN Commission on Human Rights:
Recalling article 3 of the Universal Declaration of Human Rights, which affirms the right of everyone to life, article 6 of the International Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child,
4. Urges all States that still maintain the death penalty:
(b) To exclude pregnant women and mothers with dependent infants from capital punishment;
(g) Not to enter any new reservations under article 6 of the Covenant which may be contrary to the object and the purpose of the Covenant and to withdraw any such existing reservations, given that article 6 enshrines the minimum rules for the protection of the right to life and the generally accepted standards in this area. 
UN Commission on Human Rights, Res. 2004/67, 21 April 2004, preamble and § 4(b) and (g), voting record: 29-19-5.
UN Commission on Human Rights
In a resolution adopted in 2005 on extrajudicial, summary or arbitrary executions, the UN Commission on Human Rights:
Calls upon all States in which the death penalty has not been abolished to comply with their obligations under relevant provisions of international human rights instruments, including in particular articles 6, 7 and 14 of the International Covenant on Civil and Political Rights and articles 37 and 40 of the Convention on the Rights of the Child, bearing in mind the safeguards and guarantees set out in Economic and Social Council resolutions 1984/50 and 1989/64. 
UN Commission on Human Rights, Res. 2005/34, 19 April 2005, § 6, voting record: 36-0-17.
UN Commission on Human Rights
In a resolution adopted in 2005 on the question of the death penalty, the UN Commission on Human Rights:
Recalling article 3 of the Universal Declaration of Human Rights, which affirms the right of everyone to life, convinced that the abolition of the death penalty is essential for the protection of this right and recalling article 6 of the International Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child,
7. Urges all States that still maintain the death penalty:
(b) To exclude pregnant women and mothers with dependent infants from capital punishment;
(g) To withdraw and/or not to enter any new reservations under article 6 of the Covenant that may be contrary to the object and purpose of the Covenant, given that article 6 enshrines the minimum rules for the protection of the right to life and the generally accepted standards in this area. 
UN Commission on Human Rights, Res. 2005/59, 20 April 2005, preamble and § 7(b) and (g), voting record: 26-17-10.
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ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:
The pronouncement of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict, shall be avoided. The death penalty for those offences shall in no circumstances be executed on such women. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 203.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “Sentences of death shall not be carried out on pregnant women [or] mothers of young children.” 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 8(3), IRRC, No. 282, p. 333.