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This 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.
This 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.
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