The rights of women in times of war

March 8, a date of great international relevance, invites us to reflect on the historical, political, economic and social importance through which Women's Rights have transmuted. However, what happens when we talk about the Law of War?

There is no doubt about the significant progress that has been made in terms of Women's Rights in the last century, however, there is still a long way to go to achieve equality.

According to the United Nations agency specialized in demography, it is estimated that there are still 300 years to go to achieve gender equality. In a world characterized by inequity and inequality, with some regions closer to achieving progress, it is crucial not to lose sight of areas immersed in armed conflict and war, ranging from Ukraine and the Gaza Strip to Sudan, Syria, Somalia , Yemen and Myanmar. In these areas, the population, and especially women and girls, are the main targets.¹

Sexual violence and exploitation, forced prostitution, torture and indiscriminate attacks based on gender are some of the many crimes against humanity that women face during armed conflicts, which automatically makes them one of the most vulnerable groups. violated during the exercise of war.

On the other hand, according to the United Nations, girls are 90% less likely to have access to education compared to boys in conflict zones. Girls, in turn, are likely to be victims of child marriages, according to Amnesty International.

Women and the spoils of war

War booty, a concept adopted to refer to the remuneration that enemy soldiers would receive as part of their war compensation, although initially this action focused on the adoption of physical and material goods, the concept was transferred to an objectification of women.

One of the best-known cases in history occurred under the Japanese occupation in China and South Korea during the 19th century, when the Imperial Army recruited thousands of women as sexual slaves, becoming known in history as “comfort women.” Currently, unfortunately, women whose States are in a situation of war continue to be expected by many soldiers, as part of their compensation, becoming one of the various war crimes that violate the fundamental rights of contemporary women. Although the current diplomatic relations between Japan with China and South Korea have suffered tensions regarding the issue, this precedent has been taken into account by some international mechanisms for the protection of Women's Rights in times of war.

International Humanitarian Law: Mechanisms to protect Women's Rights

Currently, it is possible to analyze how States, in their desire to maximize power through the exercise of war, occasionally neglect respect for International Humanitarian Law. The latter has been positivized through various instruments, highlighting the case of the Geneva Convention and its Additional Protocols.

The Geneva Convention of 1949, together with its Additional Protocols of 1977, establishes norms that seek to protect persons who do not participate in hostilities and those who can no longer take part in them during the jus in bellum.² Likewise , the same mechanism also defines the obligations of States, especially in the hands of the occupying power with respect to the civilian population. In addition, it includes detailed provisions on humanitarian assistance, to which the population of occupied territories is entitled.

Likewise, from Convention I to IV, the prohibition of attacks on life, mutilations, hostage-taking, corporal punishment, torture, humiliating and degrading treatment of any person without discrimination of sex, ethnicity, religion is emphasized. and gender.

The interesting thing about the Geneva Convention and its Additional Protocols is that it proposes protection for different sectors of the civilian population, from the wounded and sick of the armed forces, to shipwrecked people, prisoners of war, civilians, and a section where protection is emphasized. of rights for women, which is part of Convention IV of the Convention.

Fundamentally, it is necessary to remember the General Principle of Humanitarian Law Equality or Non-Discrimination, which is reflected in Article 26 of the International Covenant on Civil and Political Rights of 1966, since this principle shapes respect and protection to a greater extent. from the human rights.

In summary, the article establishes that every individual, by virtue of their condition as a person, has the same rights, freedoms and obligations, being equal before the law. Transferred to the issue of gender, women have the status of subject of law, being entitled to the protection of their rights through legal instruments](https://www.ohchr.org/es/instruments-mechanisms/instruments/ international-covenant-civil-and-political-rights), in this case, that protect them without discrimination based on gender.

This is how Convention IV of the Geneva Convention encompasses respect for women's rights, emphasizing the prohibition of the commission of crimes, specifically those that could primarily violate them. Based on the above, the relevance of article 27 of Convention IV of the Geneva Convention is highlighted, which, focused on the protection of women's rights, indicates that “women will be especially protected against any attack on their honor, and in particular against rape, against forced prostitution and against any attack on modesty” (art. 27, paragraph 2, IV C.).

On the other hand, article 76 “Protection of women” stands out, an update of article 26 as a result of a resolution of the UN Economic and Social Council in 1970, which prioritizes and highlights the duty of International Organizations to Do not leave aside this great problem that persists today.

The reality of women in contemporary wars

Despite the existence of some legal mechanisms that seek to ensure the Rights of victims in times of war, and those that emphasize advocating for the Rights of women as a result of great wars, currently they do not prove to be mechanisms respected by the community. international. The legal will of the States defines the lack of commitment on the part of these rational actors, and puts the preservation of human rights in the international community at risk.

Gaza Strip, women and war

Since October 10 of this year, the population in the Gaza Strip has experienced vulnerability due to the interventions and adverse actions carried out by the State of Israel. Although this territory has been occupied since 1967, in recent years, the population has faced a serious violation of their fundamental human rights, with women being particularly affected by this situation.

According to reports from the Gaza Ministry of Health, since the resumption of hostilities, approximately 1,207 Palestinians and 16,348 in the Gaza territory have died, of which [70% represent the female sector.](https://news .un.org/es/story/2023/12/1526217)

On the other hand, the increase in gender violence in shelters and refuges has been shown to endanger the quality of life of women. Furthermore, the United Nations High Commissioner for Human Rights has reported that sexual violence has occurred by police during the arrest processes, as well as other mistreatment of Palestinian women who are detained, calling into question compliance with International Humanitarian Law by part of Israel. In turn, the UN High Commissioner has condemned the serious sexual violations allegedly committed by militants of the non-governmental group Hamas.

Finally, the violation of Humanitarian Law is not limited only to sexual crimes, but also encompasses the deprivation of basic needs for the population. Access to health goods and health services is a fundamental right. In the Gaza Strip, women face significant shortfalls in essential services for childbirth and newborn care, including a lack of basic supplies that has led to extreme situations, such as cesarean sections without anesthesia. Additionally, during their menstrual period, Women in Gaza are forced to use scraps of fabric from their tents as an alternative to sanitary pads, due to a shortage of feminine hygiene products.

The reality experienced by Palestinian women reflects a humanitarian crisis that requires immediate attention. This situation raises questions about the effectiveness of international legal mechanisms and the ability of the international community to take meaningful action.

Somalia, women's rights in an endless conflict…

The prolonged armed conflict in Somalia is one of the many international phenomena that proves to be of concern to the international community, especially in the domain of Humanitarian Law. Due to ongoing hostilities between the government and the Islamic fundamentalist group, Al-Shabaab, the opportunity costs have been borne by the population. The ultimate goal of this group is to establish an Islamic State in Somalia, which is regulated by Islamic legal mechanisms. The limited access to justice has not only accentuated the gender inequality that plagues the country, but there is no regulation of the commission of sexual crimes, collective rapes, promotion of forced marriages, submission to sexual slavery and discrimination to which Women are subject, as a result of the regulation offered by Sharia.

According to United Nations, in 2017 cases of sexual violence related to the armed conflict were reported against 329 girls by members of Al-Shabaab, South West State forces, Jubaland forces and even the Somali National Army and Police Force.

Although there are efforts by the government, which have focused on the development of traditional dispute resolution policies, with the aim of confronting this type of practices and greatly reducing the discrimination suffered by thousands of women Somalis and projects by UN agencies such as the United Nations Assistance Mission in Somalia; The constant commission of this type of acts and crimes has disproportionately affected both women and girls and reflects a minimal effectiveness on the part of other actors in the system.

The previous cases are some examples of the dense reality that women experience in war, in occupied territories and in armed conflicts. And although States such as Israel and Somalia have ratified the Geneva Conventions, specifically the IV, the anarchy of the system and the political and legal will of the States has put at stake the Fundamental Human Rights of the population, specifically of groups vulnerable as women are.

On this March 8, it is necessary now more than ever for the international community to reflect largely on the application of international mechanisms that allow both men and women to fully enjoy their rights and freedoms, but above all, what is still missing a long road to achieving the equality that has been long awaited in the system.

As sympathetic citizens and actors of change, we must not forget those women who live in deplorable situations, who are victims of fear and violations of their Fundamental Human Rights, and who, despite the progress they have made throughout history for women, it is still necessary to join forces so that war, conflict and rights coexist with each other.