Document Type : Article

Authors

1 Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Iran

2 Ph.D. in International Law, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Iran

10.22059/jplsq.2021.323205.2766

Abstract

Armed Conflicts, despite all the efforts made globally and regionally in the field of international law, has continued to be the cause of the catastrophe. Different groups of people are affected by this phenomenon in dissimilar ways. Women, due to various reasons, are amongst the most vulnerable groups during wars. Many efforts have been made by the International Committee of the Red Cross to provide maximum support for women in the form of documents and procedures. Although Human Rights and International Humanitarian Rights are considered two separate legal systems, but because in most cases the boundary between them is not properly distinguished and also because of the Committee's practice in recent decades to integrate the two systems during Armed Conflicts; in the following study, we intend to address the most important principles for protecting women in both International Humanitarian Rights and Human Rights, through investigating ICRC's Documents with an analytical approach.

Keywords

Main Subjects

  1. English

    1. A) Books
    2. Ambos, K. (2015). The Rome Statute of the International Criminal Court, A Commentary, C.H.Beck. Hart. Nomos, Third Edition..
    3. Cryer, R., Friman, H., Robinson, D., & Wilmshurst, E. (2010). An Introduction to International Criminal Law & Procedure, Cambridge University Press, Second Edition.
    4. Fleck, D. (2008). The Handbook of Humanitarian Law in Armed Conflicts. translated by Zamani, Seyed Ghasem, Saed, Nader, Tehran, The SD Institute of Law Research & Study.
    5. Henckaerts, J. M., & Doswald-Beck, L. (2008). Customary International Humanitarian Law. ICRC, Tehran, Majd Publication.
    6. Lee, K., Buse, Kent, Fustukian, Suzanne (2002). Health Policy in a Globalising World, Cambridge University Press.

    6.M. Zuniga, Jose, P. Marks, Stephen, O. Gostin, L. (2012). Advancing the Human Right to Health, Oxford University Press.

    1. Wallace, M.M., Rebecca (2011). International Law, translated by Zamani, Seyed Ghasem, Bahramlu, Mahnaz, Tehran, The SD Institute of Law & Study.
    2. Stahn, C. (2015). The Law & Practice of the International Criminal Court, Oxford University Press.
    3. Tigerstorm, Barbara (2007). Human Security and International Law, Prospects and Problems, Oxford.
    4. Health & Human Rights, Resource Guide, Harvard School of Public Health, Harvard University. FXB Center for Health & Human Rights & Open Society Foundations, 2013.

     

    1. B) Articles

    11.Bouvier, P.(2014). Sexual Violence, Health and Humanitarian ethics: towards a Holistic Person-Centered Approach. International Review of the Red Cross.

    12.D. Ni Aolain, F. (2010). Advancing Women's Rights in Conflict & Post-Conflict Situations. ASIL Proceedings, pp. 568-570.

    13.Dolan, C. (2014). Letting go of the Gender Binary: Charging New Pathways for Humanitarian Interventions on Gender-Based Violence. International Review of the Red Cross.

    14.Grewal, K. (2010). Rape in Conflict, Rape in Peace: Questioning the Revolutionary Potential of International Criminal Justice for Women's Human Rights. the Australian Feminist Law Journal, 33, 57-79.

    1. Krill, F. (1985). ICRC, the Protection of Women in International Humanitarian Law. International Review of the Red Cross, 249, November-December 1985, 337-363.
    2. Lindsey, Charlotte, Women Facing War, ICRC Study on the Impact of Armed Conflict on Women, Executive Summary. International Committee of the Red Cross, 1-29.

    17.Lindsey-Curtet, Charlotte, Holst-Roness, Florence Tercier, Anderson, Letitia (2004). "Addressing the Needs of Women Affected by Armed Conflict, An ICRC Guidance Document", International Committee of the Red Cross, Women & War, Geneva, Switzerland.

    1. Ndulo, M. (2009). The United Nations Responses to the Sexual Abuse and Exploitation of Women and Girls by Peacekeepers During Peacekeeping Missions. Berkeley Journal of International Law, 27(1), 127-161.

    19.Seneviratne, W. (2008). International Legal Standards Pertaining to Sexual Violence Against Displaced Women in Times of Armed Conflict with Special Reference to the Emerged Jurisprudence of the ICIY & ICTR. Sri Lanka Journal of International Law, 2, 1-28.

    1. Justice for Women: Seeking Accountability for Sexual Crimes in Post-Conflict Situations. Fride Foundation, Seminar in Brussels, 13-14 May 2008.
    2. Annex to the Guidance Document, General and Specific Protection of Women under International Humanitarian Law, addressing the Needs of Women affected by Armed Conflict", an ICRC Guidance Document, 2014.
    3. Sexual Violence in Armed Conflict: from Breaking the Silence to Breaking the Cycle", International Review of the Red Cross, 2014.
    4. Stoltzfus Jost, T. (2004). Comparative and International Health Law. Health Matrix, 14.

    24.Taylor, Allyn L. (2003-2004). Global Health Governance and International Law. Whittier Law Review, 25.

    1. Toebes, B. (2014). International health Law: An Emerging Field of Public International Law. Faculty of law, University of Groningen, the Netherlands.
    2. Brundtland, Gro Harlem (2003). Global Health and International Security.Global Governance, 9.

     

    1. C) Documents
    2. Charter of the United Nations, entered into force on 24 October 1945.
    3. The Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly on 10 December 1948.
    4. International Covenant on Civil and Political Rights, entered into force 23 March 1976.
    5. International Covenant on Economic, Social and Cultural Rights, entered into force on 3 January 1976.
    6. Convention on the Elimination of All Forms of Discrimination against Women, entered into Force on September 1981.
    7. Convention on the Rights of the Child, entered into force on 2 September 1990.
    8. Constitution of the World Health Organization, adopted by the International Health Conference held in New York from 19 June to 22 July 1946, signed on 22 July 1946 by Representatives of 61 States, entered into force on 7 April 1948.
    9. Rome Statute of the International Criminal Court, circulated as Document on 17 July 1998, entered into force on 1 July 2002.

     

    1. D) Websites
    2. http://www.icrc.org
    3. http://www.icrc.org/en/what-we-do/violence-against-women
    4. http://www.icrc.org/en/what-we-do/sexual-violence
    5. http://www.icrc.org/en/what-we-do/health
    6. http://www.icrc.org/en/war-and-law/protected-persons/children
    7. http://www.unicef.org
    8. http://www.who.int
    9. http://www.worldbank.org

     

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