The Role of Dignity and Gender-Based Intersectional Analysis in Belligerent Occupation
摘要
International Law of Armed Conflict plays a crucial role in mitigating as far as possible the impact of armed conflict on civilians. However, inherent gender biases in the perception of ‘civilians’ persist within the law, in large part explained by the fact that this legal regime is comparatively old in its fundaments which stem from assumptions about men and women that we now consider outdated. While the Law of Armed Conflict mandates equal treatment and non-discrimination, certain rules may at face value inadvertently perpetuate such stereotypes. For instance, this law tends to see women and children in need of (masculine) protection, which makes them passive objects. A further disconcerting fact is that the recognition of diverse identities within the group of women, beyond the binary division of men and women, is often overlooked when the law is implemented. This chapter’s analysis is limited to the Fourth Geneva Convention (GC IV) and the provisions of general protection enshrined therein. It demonstrates how a gender-based intersectional analysis can help in transferring an archaic perception of a hierarchy of the binary group of women and men, into a more nuanced and inclusive framework that recognizes individually lived experiences of all women. Such reading of the law is responsive to the lived realities of all individuals. It also makes it possible to break free from an archaic perception of a hierarchical relation between men and women. Lastly, it contributes to the transitional competence of GC IV, namely that of promoting a shift from active hostilities towards normal life for all.