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Bridget Byrne in 1996 stated that “[t]he popular perception is that men are soldiers or aggressors and women are wives, mothers, nurses, social workers and sex-workers. It is true that it is primarily men who are conscripted and killed in battle, but women make up the majority of civilian casualties and suffer in their role as caregivers, due to a breakdown of social structures”. The situation of an armed conflict in a State amplifies the inequalities in gender relations and also aggravates the gender-specific disadvantages experienced by both women and men with considerable variation. The impact of armed conflict on gender relations and gender-based violence is quite significant; to understand the potential opportunities which can be used to bring about the possible changes we hope to see in the society.
The existence of an international armed conflict and the possibility of application of IHL to the situation depend on what actually happens on the ground. On the outset of an armed conflict in a State, there occurs loss of lives and infrastructure and it often leads to forced migration and refugee problems which further leads to inevitable violence against men and women. Predominantly, in a post-conflict situation, such violence is directed to individuals based on gender disparity.
Violence During Armed Conflict
An armed conflict unsurprisingly aggravates pre-existing gender inequalities and leads to life threatening situations and life-long repercussions for the survivors. Thereby, gender and armed conflict is innately connected in regard to the grievous consequences of violence. Often, it is seen that whenever the word ‘gender’ is used, the focus is placed on women and girls without considering the ways in which gender inequality and power imbalances between men and women magnify their differences.
Violations that occur during all the stages of an armed conflict are considered to be the consequences of war and not human rights violations and often overlooked. As far as the international instruments are concerned in this regard, Article 2 of the Universal Declaration of Human Rights (UDHR) recognises human rights as a universal ideal of respect for humanity that all people are entitled to. Article 5 of UDHR states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and a similar provision is placed under Article 7 of the International Covenant on Civil and Political Rights, 1966 (ICCPR). Article 12 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESC) deals with the state parties to recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Women in Armed Conflict
For years, women and girls have often been targeted during wartime and post-wartime. As conflict spurs much higher rates destruction and causes vulnerability, this renders women to be exposed to sexual violence, poverty, loss of family members and home. Throughout history, women have only been identified in their gendered roles as ‘mothers’ and ‘caretaker’ of the family and this has mostly constrained their activism in conflict and post conflict reconstruction processes. The stereotypes of gender roles are innately attached with both men and women in regard to their every move and such is undoubtedly present during an armed conflict. Hereby, it is said that acceptance of such gender stereotypes is the main reason for persistence of gender blindness and pass over of women participation in peace building processes.
Undoubtedly, sexual violence is a gross violation of fundamental human rights and when committed during an armed conflict, it is breach of humanitarian law. It is recognized that armed conflict violates basic right to life and security but it also makes women a life-long sufferer of atrocities like forced pregnancy, sexual mutilation and sexual slavery at the hands of soldiers. Sexual violence against men and women is a violation of human rights and also constitutes crime against humanity. Article 7 of the Rome Statute recognises systematic mass rape as a Crime against Humanity which includes any act of rape which are committed “as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds”.
Yet, during conflict, rape is seen as a deliberate weapon of war to directly humiliate and weaken the morale of perceived enemy, also to terrorize populations and force the enemy to flee. In 1971, a quarter of a million East-Pakistani women were raped by West-Pakistani soldiers. More than three quarters of Liberian women were raped during the country’s civil war, while between 100,000 to 250,000 women were raped during the Rwanda genocide in 1994. Evidently rape has been minimised as an inevitable part of war and such sexual abuse is used as an extension of the battlefields.
The Declaration on the Elimination of Violence against Women, 1993 affirms that violence against women constitutes violation of the rights and fundamental freedoms of women and also recognises effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). States are required to submit reports to the committee established under Article 17 of CEDAW on periodic basis as well as include in their reports, information about violence against women and the measures taken to eliminate such violence. This should be strictly adhered to.
Men in Armed Conflict
Sexual violence against men during armed conflict is as common as is against women. Also, violence such as forced nudity, genital beating, electrocution, rape with objects and forced witnessing of rape of other detainees are committed against them. Over the years it has been seen that sexual violence against women is a common feature associated with an armed conflict while egregious cases of sexual violence against men have not been put under much light. There is under-reporting of rape and sexual violence, particularly male rape and male sexual violence. This is mainly due to the fear of shame, stigma, guilt and loss of reputation. Mostly, they are loathed to talk about being victimized, as it is incompatible with their masculinity, such is generally evident in societies where men are discouraged from talking about their emotions. They find it difficult to express themselves and are told to behave like a ‘man’. The incompatibility between this understanding of masculinity and victimization occurs at two levels: first at the level of attack, a man is capable of preventing such attack and another while dealing with the consequences of the attack- ‘be like a man’.
Although men and women experience violence differently during and after armed conflict, in capacities as victims and perpetrators, it is seen that men also experience human rights abuses that are different but equally unjust to those afflicting women whether as soldiers, prisoners of wars and even homosexuals. UN Report, 2019 stated that sexual abuse, sexual slavery mutilation and torture may be directed at men either as detainees or prisoners of war. Research conducted in 1990 in Northern Uganda, showed an increased prevalence of sexually transmitted infections (STIs) among men, ‘allegedly due to indiscriminate rape of men’ by the National Resistance Army.
Way Forward
It is pertinent to understand the diverse roles and needs of men and women during and after armed conflict. Also, it is equally important to place emphasis on what they are doing and not on stereotypical interpretations of gender roles and relations that lays basis on what they should be doing. The United Nations Resolution 1325 urged the participation of women in peace initiatives, protection from violations of their human rights, and the prevention of conflicts. This participation fundamentally helps in peace building and to deal with degradable realities which often go unnoticed and unresolved.
The article has been authored by Kajal Prasad, 3rd year, 3 years LL.B. at Campus Law Centre, University of Delhi and Pragya Chandni, 3rd year, 3 years LL.B. at Campus Law Centre, University of Delhi.