Women Facing War
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00_Couverture.qxd 15.5.200614:05UhrSeite1 0798 / 002 06. 2006 2000 Author: Charlotte Lindsey ICRC study on the impact of armed conflict on women International Committee of the Red Cross Women and War 19 Avenue de la Paix 1202 Geneva, Switzerland T + 41 22 734 60 01 F + 41 22 733 20 57 E-mail: [email protected] www.icrc.org © ICRC, October 2001 Women facing war Author: Charlotte Lindsey With contributions by: Emanuela-Chiara Gillard, Barbara Jäggi and Monika Kämpf. The author is grateful for the assistance of the ICRC delegations visited in the course of this study and for the help of headquarters services. Foreword The importance of drawing attention to the protection of women in situations of armed conflict cannot be overstated.The International Committee of the Red Cross (ICRC) has always been concerned by the situation of women, and in recent years has made extra efforts to ensure that their needs are being consis- tently met throughout ICRC activities.This commitment was reflected in a spe- cific “pledge” made by the ICRC at the 27th International Red Cross and Red Crescent Conference in 1999. This study on the impact of armed conflict on women has been undertaken as part of the ICRC’s endeavour to draw attention to the plight of women in wartime. It also pays tribute to their enormous strengths and capacities demon- strated on a daily basis in conflicts throughout the world. It will serve as a basis for targeted action and the ICRC will, to the extent that this is not already the case, gradually implement its main conclusions. I would like to express my gratitude to the team headed by Ms Charlotte Lindsey, head of the Women and War project, which was given academic freedom to carry out the analysis, and to all the people who have contributed to the study. With this publication the ICRC aims to further the worldwide debate on the situation of women caught up in war, in which several other organizations are taking part. Beyond debate, the ICRC expects the study to bring about an improvement in the situation of “women facing war”. Women facing war Contents I. Introduction 13 A. Background 14 B. The ICRC’s special perspective on women and war 15 1. The ICRC’s role 15 2. Introduction to the law 17 a) INTERNATIONAL HUMANITARIAN LAW 18 b) OTHER BODIES OF LAW 22 C. Understanding the global impact of armed conflict on women 23 1. Female combatants/Involvement of women in hostilities 23 a) OVERVIEW 23 b) REVIEW OF INTERNATIONAL LAW 25 2. Women mobilizing for peace 27 3. Vulnerability as a result of armed conflict 28 4. Change in women’s traditional roles 30 5. Widowhood and the missing 31 D. Objective and focus of the study 32 1. Objective of the study 32 2. Focus of the study 33 a) FOCUS ON CIVILIAN WOMEN 33 b) FOCUS ON WOMEN, NOT GIRLS 34 c) FOCUS ON WOMEN, NOT GENDER 35 E. Premise and methodology of the study 36 1. Premise 36 2. Methodology 37 II. Assessment of the needs of the civilian population with a focus on women 39 A. Access of civilian population to assistance and protection 40 a) OVERVIEW OF PROBLEM 40 b) REVIEW OF INTERNATIONAL LAW 40 c) THE ICRC’S OPERATIONAL RESPONSE 41 d) KEY POINTS 41 B. Safety 42 1. Personal safety 42 a) OVERVIEW OF PROBLEM 43 b) REVIEW OF INTERNATIONAL LAW 45 c) THE ICRC’S OPERATIONAL RESPONSE 51 d) KEY POINTS 51 2. Sexual violence 51 a) OVERVIEW OF PROBLEM 51 b) REVIEW OF INTERNATIONAL LAW 57 c) THE ICRC’S OPERATIONAL RESPONSE 61 d) KEY POINTS 62 3. Freedom from arbitrary displacement 65 a) OVERVIEW OF PROBLEM 65 b) REVIEW OF INTERNATIONAL LAW 67 c) THE ICRC’S OPERATIONAL RESPONSE 71 d) KEY POINTS 73 4. Freedom of movement 73 a) OVERVIEW OF PROBLEM 73 b) REVIEW OF INTERNATIONAL LAW 74 c) THE ICRC’S OPERATIONAL RESPONSE 75 d) KEY POINTS 76 C. Food and water 76 1. Food 76 a) OVERVIEW OF PROBLEM 77 b) REVIEW OF INTERNATIONAL LAW 79 c) THE ICRC’S OPERATIONAL RESPONSE 85 d) KEY POINTS 87 Women facing war 2. Food preparation 88 a) OVERVIEW OF PROBLEM 88 b) REVIEW OF INTERNATIONAL LAW 89 c) THE ICRC’S OPERATIONAL RESPONSE 89 d) KEY POINTS 89 3. Water 90 a) OVERVIEW OF PROBLEM 90 b) REVIEW OF INTERNATIONAL LAW 91 c) THE ICRC’S OPERATIONAL RESPONSE 91 d) KEY POINTS 92 D. Sources of livelihood 93 1. Agriculture 93 a) OVERVIEW OF PROBLEM 93 b) REVIEW OF INTERNATIONAL LAW 94 c) THE ICRC’S OPERATIONAL RESPONSE 96 d) KEY POINTS 98 2. Non-agricultural sources of livelihood 98 a) OVERVIEW OF PROBLEM 98 b) REVIEW OF INTERNATIONAL LAW 100 c) THE ICRC’S OPERATIONAL RESPONSE 101 d) KEY POINTS 101 E. Shelter 102 1. Accommodation 102 a) OVERVIEW OF PROBLEM 102 b) REVIEW OF INTERNATIONAL LAW 104 c) THE ICRC’S OPERATIONAL RESPONSE 107 d) KEY POINTS 107 2. Clothing 108 a) OVERVIEW OF PROBLEM 108 b) REVIEW OF INTERNATIONAL LAW 109 c) THE ICRC’S OPERATIONAL RESPONSE 109 d) KEY POINTS 110 F. Health 110 1. Health and medical care 110 a) OVERVIEW OF PROBLEM 110 b) REVIEW OF INTERNATIONAL LAW 113 c) THE ICRC’S OPERATIONAL RESPONSE 117 d) KEY POINTS 118 2. Health care for victims of violence 119 a) OVERVIEW OF PROBLEM 119 b) REVIEW OF INTERNATIONAL LAW 120 c) THE ICRC’S OPERATIONAL RESPONSE 120 d) KEY POINTS 121 G. Hygiene and sanitation 122 a) OVERVIEW OF PROBLEM 122 b) REVIEW OF INTERNATIONAL LAW 123 c) THE ICRC’S OPERATIONAL RESPONSE 123 d) KEY POINTS 124 H. Maintenance of the family unit 124 1. Restoring and maintaining family links between persons separated by conflict 125 a) OVERVIEW OF PROBLEM 125 b) REVIEW OF INTERNATIONAL LAW 125 c) THE ICRC’S OPERATIONAL RESPONSE 129 d) KEY POINTS 130 2. Searching for family members 130 a) OVERVIEW OF PROBLEM 130 b) REVIEW OF INTERNATIONAL LAW 132 c) THE ICRC’S OPERATIONAL RESPONSE 132 d) KEY POINTS 134 3. Family reunification 135 a) OVERVIEW OF PROBLEM 135 b) REVIEW OF INTERNATIONAL LAW 135 c) THE ICRC’S OPERATIONAL RESPONSE 135 d) KEY POINTS 136 Women facing war I. Education and information 136 1. Education and training 136 a) OVERVIEW OF PROBLEM 136 b) REVIEW OF INTERNATIONAL LAW 137 c) THE ICRC’S OPERATIONAL RESPONSE 138 d) KEY POINTS 139 2. Access to information 139 a) OVERVIEW OF PROBLEM 139 b) REVIEW OF INTERNATIONAL LAW 140 c) THE ICRC’S OPERATIONAL RESPONSE 141 d) KEY POINT 141 J. Religious and cultural practices 141 a) OVERVIEW OF PROBLEM 141 b) REVIEW OF INTERNATIONAL LAW 142 c) THE ICRC’S OPERATIONAL RESPONSE 144 d) KEY POINT 145 K. Social groups 145 a) OVERVIEW OF PROBLEM 145 b) REVIEW OF INTERNATIONAL LAW 145 c) THE ICRC’S OPERATIONAL RESPONSE 145 d) KEY POINT 146 L. Legal issues 146 1. Personal documentation 146 a) OVERVIEW OF PROBLEM 146 b) REVIEW OF INTERNATIONAL LAW 147 c) THE ICRC’S OPERATIONAL RESPONSE 147 d) KEY POINTS 148 2. Access to effective remedy 148 a) OVERVIEW OF PROBLEM 148 b) REVIEW OF INTERNATIONAL LAW 149 c) KEY POINT 151 III. Detention and internment in situations of armed conflict 153 A. Methodology and terminology 154 B. Introduction to the law 154 1. International humanitarian law 155 a) CATEGORIES OF PERSONS DEPRIVED OF THEIR FREEDOM 155 b) PROTECTION OF WOMEN: GENERAL AND SPECIFIC PROTECTION 157 2. Human rights law 158 C. ICRC visits to detained persons 159 1. The ICRC’s mandate to visit detained persons 159 2. Procedures for ICRC visits 160 3. ICRC visits to female detainees 161 D. Profile of female detainees and minors 162 E. Housing of detained persons 164 1. Organization in places of detention 164 a) OVERVIEW OF PROBLEM 164 b) REVIEW OF INTERNATIONAL LAW 165 c) THE ICRC’S OPERATIONAL RESPONSE 167 d) KEY POINTS 167 2. Transfers 168 a) OVERVIEW OF PROBLEM 168 b) THE ICRC’S OPERATIONAL RESPONSE 168 c) KEY POINTS 168 F. Treatment and security 169 1. Prison personnel 169 a) OVERVIEW OF PROBLEM 169 b) REVIEW OF INTERNATIONAL LAW 170 c) THE ICRC’S OPERATIONAL RESPONSE 170 d) KEY POINTS 171 Women facing war 2. Prohibition of ill-treatment 171 a) OVERVIEW OF PROBLEM 171 b) REVIEW OF INTERNATIONAL LAW 173 c) THE ICRC’S OPERATIONAL RESPONSE 174 d) KEY POINTS 175 3. Disciplinary measures 176 a) OVERVIEW OF PROBLEM 176 b) REVIEW OF INTERNATIONAL LAW 177 c) THE ICRC’S OPERATIONAL RESPONSE 178 d) KEY POINTS 178 G. Conditions of detention 178 1. Accommodation (quarters, lighting, bedding, heating, ventilation, access to the open air) 178 a) OVERVIEW OF PROBLEM 179 b) REVIEW OF INTERNATIONAL LAW 179 c) THE ICRC’S OPERATIONAL RESPONSE 180 d) KEY POINT 181 2. Food and water 181 a) OVERVIEW OF PROBLEM 181 b) REVIEW OF INTERNATIONAL LAW 182 c) THE ICRC’S OPERATIONAL RESPONSE 183 d) KEY POINTS 184 3. Clothing 184 a) OVERVIEW OF PROBLEM 184 b) REVIEW OF INTERNATIONAL LAW 185 c) THE ICRC’S OPERATIONAL RESPONSE 185 d) KEY POINTS 186 H. Health and medical care 186 a) OVERVIEW OF PROBLEM 186 b) REVIEW OF INTERNATIONAL LAW 188 c) THE ICRC’S OPERATIONAL RESPONSE 190 d) KEY POINTS 191 I. Hygiene and sanitation 192 a) OVERVIEW OF PROBLEM 192 b) REVIEW OF INTERNATIONAL LAW 193 c) THE ICRC’S OPERATIONAL RESPONSE 194 d) KEY POINTS 194 J. Restoring and maintaining family links 195 1.