LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

A GENDERED CRITIQUE OF THE LAW OF ARMED CONFLICT: INHERENT BIAS AND FAILURE TO AMELIORATE THE CONDITION OF WOMEN

AUTHORED BY:

Mr. RISHAB AGGARWAL, 

Student,

Gujarat National Law University, Gandhinagar

CO-AUTHORED BY:


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ABSTRACT

International Law of Armed Conflict, also referred to as Humanitarian law sets to define standards and rules to be applied over armed conflicts. The intention is to limit the effects of war. But, in this humanitarian act, one significant section is often ignored. The Imbalance in terms of suffering inflicted upon women is not cured by the application and regulation proposed by the current legal regime.

The law to a large extent still holds the parochial view of who is to be protected. When Henry Dunant had the glimpse of the Battle of Solferino, probably the suffering of women could not be experienced which has led to the perpetuation of an inherent bias in the structure of law. In the garb of military necessity, protection of combatants is preferred. No neutral stand point is created where the deteriorated condition of women due to war, along with threats of rape and starvation, is addressed. There is an undue focus laid upon sexual violence which limits other areas from which women face danger including economic and social concerns. When such a narrow compass is being used to envisage the condition of a profoundly affected segment of society, it casts doubt on the fairness and credibility of the legal regime.

Some comprehensive remedies are being used at the international forum but they are either contradictory or insufficient. This research paper would give an overview of this discriminatory aspect of the law and recommend a participative model of remedy to ameliorate the condition of women and children as done by the Committee on the Elimination of Discrimination against Women.

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