000 nam a22 7a 4500
999 _c17767
_d17767
020 _a9781138307704
040 _cRULE
082 _a341.67 STE
100 _aMaya Sterm, Orly.
245 _aGender, Conflict and International Humanitarian Law :
_bA Critique of the "Principle of Distinction'
260 _aLondon and New York ;
_bRoutledge :
_c2019.
300 _aix, 242 p.
_c24 cm.
500 _aContents List of acronyms... viii 1 Introduction... 1 2 The principle of distinction... 15 3 Women in conflict in Africa... 41 4 Gender and international humanitarian law... 41 5 The divide between international and non-international armed conflicts: a precursory step to the application of the principle of distinction... 86 6 Applying the principle of distinction to women in African war... 164 7 Does the principle of distinction serve women n modern conflict?... 182 8 Conclusion... 217 Index... 235
520 _aThis book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.
650 0 _aGender
942 _cEB