Practice Relating to Rule 134. Women

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. 

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. 

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”.

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9.58 … Women are granted specific protection …

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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.

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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. 

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. 

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. 

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. 

[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. 

[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. 

[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. 

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. 

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. 

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. 

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. 

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- Women and Children. Because they are often the innocent victims and tormented targets of war, women and children are specifically protected. 

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- Women must be treated with due consideration to their sex.

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- 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. 

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. 

As was seen in the section on the analysis of international humanitarian law, one of the main responsibilities of contingents is to protect civilian populations, particularly women and children. 

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 … :

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]. 

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]. 

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. 

Anyone who [commits any of the following acts] during armed conflict shall be punished with three to seven years’ imprisonment:

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.  [footnote in original omitted]

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.

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The accused’s position is stated to be that this Court has no jurisdiction to try him.

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… 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. …

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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.

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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. …

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… 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.

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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.

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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. …

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I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.

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It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …

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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.

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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. …

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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].

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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. 

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.

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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:

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.  [footnotes in original omitted]

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. 

… 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. 

… 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. 

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. 

Around the world, women and girls continue to be victims of sexual violence, including rape as a weapon of war. …

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… 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. 

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.

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This contribution reflects Canada’s continued and steadfast resolve to end all forms of violence against women and girls abroad. 

2.1 The Government of Chad specifically undertakes to fully and effectively implement the following provisions:

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. 

[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.  

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:

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.

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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. 

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 …

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… 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. 

3. Priorities of the German human rights policy 2005–2006

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3.7 Preventing violence against women

The Federal Government still attributes highest political importance to fighting violence against women. It therefore will

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. 

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. …

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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). 

The leader … gave out the following instructions which were to be strictly followed:

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.

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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 …

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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. 

[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. 

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. 

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. 

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 …

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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. 

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. 

[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. 

GOAL 3

SUBORDINATE GOAL 1

1 Involvement in relevant agencies promoting respect for the sexual and reproductive rights of victims of SGBV [sexual and gender-based violence].

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SUBORDINATE GOAL 3

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:

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.  [footnotes in original omitted]

[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. 

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. 

4. Although much progress has been made in key aspects of the landmark Resolution 1325 and subsequent relevant resolutions, gaps in implementation still need to be addressed even as we tackle new challenges.

Indeed, today’s security environment differs dramatically from that of fifteen years ago. ASEAN is deeply concerned by the unprecedented threats posed by wars and conflicts ravaging many states and regions, the rise of violent extremism, and the increasing number of refugees and internally displaced people. We are particularly alarmed by the horrendous phenomenon of widespread sexual violence against women and girls.

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7. ASEAN is gravely troubled by the violation of the rights of women and girls, in conflicts and by extremist non-state actors. We particularly deplore sexual violence against women and girls, especially when it is deployed as a tactic of war. Women and girls in conflicts are also being deprived of their most basic needs, including shelter, food, water and healthcare. We call on the United Nations and the international community to take immediate action to end all acts of conflict-related sexual violence and provide protection and support to women and girls in conflicts. 

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. 

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. 

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,

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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;

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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. 

9. Decides further that the mandate of UNMIS in Darfur shall also include the following:

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(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. 

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. 

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. 

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 …

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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. 

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. 

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. 

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. 

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.

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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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

… 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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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.  

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. 

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. 

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. 

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. 

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.  

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. 

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):

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”.  [emphasis in original]