The utilization of International Humanitarian Law (IHL) with Regards to Gender Perspective in the Planning and Conduct of Military Operations

 

The utilization of International Humanitarian Law (IHL) with Regards to Gender Perspective in the Planning and Conduct of Military Operations 

By Wilson Babangida Agboti, Defence/Development Consultant

Publication Date: 18^th Nov, 2024

 

Introduction

International Humanitarian Law (IHL), which governs the conduct of armed conflict, seeks to protect those who do not or no longer participate in hostilities. Its core principles—distinction, proportionality, and precaution—aim to minimize harm to civilians and civilian objects. However, in the context of modern conflicts, gendered risks require specific attention. Incorporating a gender perspective in the planning and conduct of military operations is essential to better protect women, men, boys, and girls from the unique vulnerabilities they face during conflicts. 

 

Understanding Gender in IHL

IHL provides special protections for women, recognizing their distinct vulnerabilities, including the risk of sexual violence, exploitation, and discrimination. Article 27 of the Fourth Geneva Convention specifically mandates the protection of women from “rape, enforced prostitution, or any form of indecent assault.” Similarly, Additional Protocol I emphasizes the need to respect women’s rights during conflicts. 

Reports from African contexts, such as the African Union’s (AU) "Gender and Peacekeeping in Africa" (2021), underscore the urgent need to address gender-specific risks in conflict zones, particularly in regions such as the Sahel, South Sudan, and the Democratic Republic of Congo (DRC). Despite these legal provisions, the reality often reveals significant gaps in implementation, largely due to the failure to integrate gender-sensitive approaches into military strategies. 

 

Gendered Risks in African Conflict Zones

In African conflict zones, civilians face differentiated risks based on gender. Women and girls are disproportionately affected by sexual violence, forced marriages, and trafficking. Men and boys, on the other hand, are often targeted for recruitment into armed groups or face summary executions under the presumption of combatant status. 

For instance, the African Commission on Human and Peoples’ Rights (ACHPR) reported in 2020 that conflicts in the Sahel disproportionately expose women to gender-based violence, with many survivors left without access to medical or psychological support. Similarly, the DRC has been described as the "rape capital of the world," with armed groups using sexual violence as a weapon of war, as documented by the UN Population Fund (UNFPA) in 2021. 

 

Integrating Gender Perspectives in Military Operations

1. Gender-Sensitive Training for Armed Forces

Ensuring that armed forces understand the gender dimensions of IHL is crucial. Training should focus on recognizing gender-based violence, respecting the rights of women and girls, and ensuring non-discriminatory access to humanitarian assistance. The African Union Mission in Somalia (AMISOM) has implemented gender training programs, as highlighted in its 2022 Gender Strategy Report. 

2. Gender Impact Assessments

Before launching military operations, conducting gender impact assessments can help identify potential risks to civilians. These assessments consider factors such as the location of women’s shelters, the accessibility of medical care for survivors of sexual violence, and the safety of men in conflict zones. 

The Centre for Human Rights at the University of Pretoria recommends such assessments as part of pre-deployment protocols for African peacekeeping missions, emphasizing that they reduce collateral damage and ensure compliance with IHL. 

3. Appointing Gender Advisors 

Gender advisors embedded within military units can provide expert guidance on integrating gender perspectives into operational planning. The AU’s Gender, Peace, and Security Programme (GPSP) has promoted this practice, with case studies from Mali and Somalia showing its effectiveness in protecting civilians and enhancing operational success. 

 

Recommendations for Improved Civilian Protection 

1. Strengthening Legal Frameworks: Governments must ensure that their military doctrines explicitly integrate gender provisions of IHL. The African Commission’s “Guidelines on Combating Sexual Violence in Conflict” (2022) provide a robust framework for updating national policies. 

2. Enhancing Accountability: Mechanisms for monitoring and reporting violations of IHL with a gendered impact should be strengthened. Independent investigations, such as those led by the AU in the Central African Republic, play a critical role in ensuring compliance and accountability. 

3. Collaboration with Humanitarian Actors: Military forces should work closely with humanitarian organizations to address the needs of vulnerable populations. The collaboration between AMISOM and local women’s organizations in Somalia has proven effective in mitigating risks faced by women and children in conflict zones. 

 

Conclusion

The application of IHL from a gender perspective is not merely an ethical imperative but a strategic necessity in modern warfare. By recognizing and addressing the distinct needs of civilians, particularly women and girls, military operations can achieve greater compliance with IHL and enhance the overall protection of civilians. 

Reports from institutions such as the African Union, UN, and local human rights organizations consistently emphasize that integrating gender perspectives leads to more effective conflict management and long-term stability. For military planners and policymakers, this underscores the critical need to prioritize gender-sensitive approaches in the planning and conduct of operations. Only through such measures can we bridge the gap between IHL’s ideals and the realities of war. 

 

References

1. African Commission on Human and Peoples’ Rights (ACHPR), Gender Dimensions of Armed Conflicts in Africa, 2020. 

2. African Union, Gender and Peacekeeping in Africa: Strategy Report, 2021. 

3. Centre for Human Rights, University of Pretoria, Pre-deployment Gender Impact Assessments for African Peacekeepers, 2022. 

4. International Committee of the Red Cross (ICRC), Sexual Violence in Armed Conflicts, 2019. 

5. UN Population Fund (UNFPA), Gender-Based Violence in the Democratic Republic of Congo, 2021. 

6. United Nations Human Rights Council, Gendered Impact of Armed Conflicts in the Sahel Region, 2020. 

7. African Union Mission in Somalia (AMISOM), Gender Strategy Report, 2022. 

8. UN Department of Peace Operations (DPO), Training for Gender-Sensitive Military Planning, 2022. 

9. Human Rights Watch, Conflict in Yemen: Recommendations for Gender Integration, 2022.