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Geneva Conventions and Its Additional Protocols, and Is Further Supplemented by the Laws, Regulations, and Guidelines of the European Union

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Geneva Conventions and Its Additional Protocols, and Is Further Supplemented by the Laws, Regulations, and Guidelines of the European Union THE UNITED KINGDOM‘S DUTY UNDER INTERNATIONAL HUMANITARIAN LAW TO ENSURE NON-DISCRIMINATORY MEDICAL CARE TO WOMEN AND GIRLS RAPED IN ARMED CONFLICT, INCLUDING ACCESS TO SAFE ABORTION SERVICES Excerpts of UK, EU and International Laws, Policies & Practices Relevant to this Duty Updated as of October 8, 2013 Preface The duty of the United Kingdom (―UK‖) to respect international law, and in particular international humanitarian law, is firmly rooted in its body of domestic law which implements the Geneva Conventions and its Additional Protocols, and is further supplemented by the laws, regulations, and guidelines of the European Union. For women raped in armed conflict, abortion is a legal right under international humanitarian law (―IHL‖). Girls and women raped in armed conflict are ―protected persons‖ under the Geneva Conventions and are entitled, as the ―wounded and sick,‖ to ―receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.‖ This care must also be non-discriminatory. To deny a medical service to pregnant women (abortion), while offering everything needed for victims who are male or who aren‘t pregnant, is a violation of this requirement of non-discrimination. Therefore, IHL imposes an absolute and affirmative duty to provide the option of abortion to rape victims in humanitarian aid settings; failing to do so violates the Geneva Conventions, its Additional Protocols, and customary international law. These protections are further supported by international human rights law. The Committee against Torture and the Human Rights Committee have both declared the denial of abortion to be torture or cruel, inhuman, and degrading treatment in certain situations. Furthermore, under these treaties, which apply concurrently with humanitarian law during armed conflict, State Parties are required to provide the highest standard of rehabilitative care for torture victims, which includes the provision of complete medical services for injuries resulting from torture. In the case of impregnated female rape victims, such care must include the option of abortion. This compendium contains excerpts from British legislation, policy, and practice which underscore the UK‘s commitments to ensure that its humanitarian aid to girls and women raped in armed conflict affords them their full and inalienable rights to medical care under IHL. This requires: (1) access to a complete range of health and life-saving treatments including abortion, and (2) compliance with the tenet of non-discriminatory humanitarian aid for girls and women raped in armed conflict. The UK is a global leader in providing humanitarian aid and assistance to the victims of armed conflict. The UK should continue to endeavour to comply fully and faithfully with the rights and protections these victims are accorded under IHL. This compendium serves as the reference document for the following document produced by the Global Justice Center: Call for the United Kingdom to Protect the Right to Abortion of Female Victims of Rape and Forced Pregnancy in Armed Conflict (4 Oct. 2013), available at http://globaljusticecenter.net/index.php/publications/advocacy-resources/379-call-for-the- united-kingdom-to-protect-the-right-to-abortion-of-female-victims-of-rape-and-forced- pregnancy-in-armed-conflict. Table of Contents I. Sources of UK Legal Obligations to Positively Ensure its Humanitarian Aid for Persons ―Wounded and Sick‖ in Armed Conflict, Including Girls and Women Raped in Armed Conflict, Is in Accord with the Medical Mandates of International Humanitarian and Torture Law, Including Providing Necessary Abortions ............................................................................................ 1 A. UK Domestic Legislation ............................................................................................... 2 Aide Memoire on the Law of Armed Conflict (2010) ............................................... 2 The Joint Service Manual of the Law of Armed Conflict (2004) ............................. 2 Human Rights Act (1998)............................................................................................... 9 Geneva Conventions Act, 1957, as amended in 1995 and 1998 ............................ 10 B. European Union Laws and Guidelines ...................................................................... 13 European Parliament Resolution on the Millennium Development Goals – defining the post-2015 framework (13 June 2013) ................................................... 13 European Parliament Resolution on equality between women and men in the European Union (13 March 2012) .............................................................................. 13 Updated European Union guidelines on promoting compliance with International Humanitarian Law (2009) ..................................................................... 13 DG ECHO‘s Funding Guidelines: Humanitarian Protection (2009) .................... 14 The Treaty of Lisbon (2007) ........................................................................................ 18 Council Regulation concerning humanitarian aid, (EC) No 1257/96 (20 June 1996) ................................................................................................................................ 18 European Convention on Human Rights .................................................................. 19 Protocol No. 12 to the European Convention on Human Rights ......................... 20 Case Law of the European Court of Human Rights Relating to Abortion .......... 20 Case Law of the European Court of Human Rights Relating to Torture ............. 29 C. EU Policies, Practices & Statements Relevant to Humanitarian Aid and Abortion for Girls and Women Raped in Armed Conflict .................................................................... 31 Letter from Sophie in‘t Veld, Dutch Member of the European Parliament, to Kristalina Georgieva, Member of the European Commission (27 February 2013) .......................................................................................................................................... 31 Parliamentary Questions to European Commission on the Effect of US Abortion Ban on European Commission Aid (May 2012) and Answer (July 2012) ............ 35 European Commission Framework Partnership Agreement with Humanitarian Organisations (2008 – 2012) ........................................................................................ 36 European Council Joint Statement: European Consensus on Humanitarian Aid (2008) ............................................................................................................................... 37 EU Presidency Statement - Status of Protocols additional to the Geneva Conventions (18 October 2006) .................................................................................. 39 Principles and Good Practice of Humanitarian Donorship (2003) ....................... 41 Resolution 1212 of the Parliamentary Assembly of the Council of Europe on Rape in Armed Conflict (2000) ................................................................................... 42 Letters to US President Barack Obama regarding the US Abortion Ban on Humanitarian Aid .......................................................................................................... 42 D. United Nations Security Council (―SC‖) Resolutions .............................................. 48 UN Security Council Resolution 2106 (2013) ........................................................... 49 UN Security Council Resolution 1960 (2010) ........................................................... 49 UN Security Council Resolution 1888 (2009) ........................................................... 50 UN Security Council Resolution 1889 (2009) ........................................................... 50 UN Security Council Resolution 1820 (2008) ........................................................... 51 UN Security Council Resolution 1325 (2000) ........................................................... 51 E. UN Secretary-General Reports .................................................................................... 52 Advance copy of Report of the Secretary-General on women and peace and security (4 Sept. 2013) .................................................................................................................. 52 F. International Humanitarian Law ................................................................................. 54 Expert Legal Analysis by Prof. Louise Doswald-Beck, Former Head of the Legal Division of the International Committee of the Red Cross, Regarding the Right to Abortion under International Humanitarian Law (April 2013) ......................... 54 International Committee of the Red Cross, Customary Rules of International Humanitarian Law (2005) ............................................................................................. 57 Additional Protocol I: Relating to the Protection of Victims of International Armed Conflict (1977) .................................................................................................. 73 Additional Protocol II: Relating to the Protection of Victims of Non- International Armed Conflicts (1977) ........................................................................ 73 Geneva Conventions (1949) ........................................................................................ 74 G. 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