The Legal Protection Afforded to Women and Children Under International Humanitarian Law (IHL)

References

[1] LLB (Hons), B.L (Lagos), LLM (Ife), Ph.D), (UDUS) is an Associate Professor of Law Dept of Public Law and Jurisprudence, Faculty of Law, Usmanu Danfodiyo University Sokoto. Email. ahmadubachaka@gmail.com

[2] Convention (I) for the Amelioration of the condition of the wounded and sick in armed forces in the field, 12 August 1949 (first Geneva convention) Convention (II) for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, 12 august 1949 (second Geneva convention) convention (III) relative to te treatment of prisoners of war, 12 August 1949 (third Geneva convention) convention (iv) relative to the protection of civilian persons in time of war, 12 August 1949 (fouth Geneva convention)

[3] J Henckaerts and L Customary International Humanitarian Law, Vol. I (ICRC & Cambridge University Press, 2005) p.3.

[4] Dieter Fleck (ed), The Handbook of International Humanitarian Law (3rd edn, Oxford University Press, 2013) p.495.

[5] The four Geneva Conventions of 12 August 1949. (no. 1)

[6] Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War 1949, arts 14, 16, 24, 27; Additional Protocol I 1977, arts 76–77; Additional Protocol II 1977, art 4(3).

[7] Rome Statute of the International Criminal Court 1998, arts 7(1)(g), 8(2)(b)(xxii), 8(2)(e)(vii).

[8] ICRC Commentary on the Geneva Conventions (2016 Update) on special protection of women and children.

[9] Henckarts. J and Dowald (no. 2) P4

[10] Common Article 2 and Common Article 3 of the four Geneva Conventions of 12 August 1949.

[11] Fleck D. (no 2) p. 32. The Handbook of International Humanitarian Law (3rd edn, Oxford University Press, 2013) p.32.

[12] Additional Protocol I 1977, arts 35 and 51.

[13] The four Geneva Conventions of 1949 and the Additional Protocols of 1977.

[14] Geneva Convention IV 1949, arts 14, 16, 24, 27; Additional Protocol I 1977, arts 76–77; Additional Protocol II 1977, art 4(3).

[15] International Committee of the Red CrossICRC, Fundamental Principles of International Humanitarian Law (2016 Commentary).

[16] Fleck, D (no 2)

[17] Henckaerts and Doswald (no 2) P8

[18] ICRC, History of International Humanitarian Law (2016 Commentary).

[19] The four Geneva Conventions of 12 August 1949.

[20] Additional Protocol I and Additional Protocol II of 1977.

[21] Universal Declaration of Human Rights 1948.

[22] International Covenant on Civil and Political Rights 1966; International Covenant on Economic, Social and Cultural Rights 1966.

[23] Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) ICJ Reports 1996 p.240.

[24] Geneva Convention IV 1949 arts 14, 24, 27; Additional Protocol I 1977 arts 76–77; Convention on the Rights of the Child 1989.

[25] Fleck (no 3) P. 89

[26] ICRC (no 17)

[27] The four Geneva Conventions of 12 August 1949, grave breaches provisions.

[28] Rome Statute of the International Criminal Court 1998.

[29] Geneva Conventions 1949, Common Articles 9/9/9/10.

[30] UNHCR Statute 1950; Convention on the Rights of the Child 1989.

[31] Henckaerts and Doswald-Beck, Customary International Humanitarian Law, Vol I (2005) p.589.

[32] Rome Statute 1998, arts 6–8.

[33] Prosecutor v Akayesu (ICTR) Judgment 1998; ICTY jurisprudence on sexual violence.

[34] Additional Protocol I 1977, art 83 (dissemination of IHL).

[35] Geneva Convention IV 1949, arts 23, 55, 59.

[36] Geneva Convention III & IV 1949, ICRC visiting mandate.

[37] Geneva Conventions 1949, obligation to prosecute grave breaches.

[38] Fleck D (no 3) P120

[39] UN Office of the High Commissioner for Human Rights, The United Nations Human Rights Treaty System (Fact Sheet No. 30).

[40] Rome Statute of the International Criminal Court (1998), arts 5–8.

[41] International Covenant on Civil and Political Rights (1966).

[42] Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).

[43] Convention on the Elimination of All Forms of Discrimination against Women 1979.

[44] Convention on the Rights of the Child 1989 and Optional Protocol on the Involvement of Children in Armed Conflict 2000.

[45] Fleck D (no. 3) P495

[46] Additional Protocol I 1977, arts 48 and 51.

[47] Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War 1949, art 27.

[48] Geneva Convention IV 1949, art 27; Additional Protocol I 1977, art 76; Additional Protocol II 1977, art 4(2)(e).

[49] Rome Statute of the International Criminal Court 1998, arts 7(1)(g), 8(2)(b)(xxii), 8(2)(e)(vi).

[50] Geneva Convention IV 1949, arts 16, 17, 23, 89; Additional Protocol I 1977, art 76(2).

[51] Geneva Convention IV 1949, arts 76 and 85.

[52] Geneva Convention IV 1949, art 27.

[53] Rome Statute 1998, arts 7 and 8.

[54] Hague Regulations 1907, art 43; Geneva Convention IV 1949, arts 27, 55, 56.

[55] Dieter Fleck (ed), no (3) P506.

[56] Additional Protocol I 1977, arts 48 and 51.

[57] Common Article 3 of the four Geneva Conventions of 1949.

[58] Geneva Convention IV 1949, arts 14, 17, 23, 24; Additional Protocol I 1977, art 78; Additional Protocol II 1977, art 4(3).

[59] Additional Protocol I 1977, art 77(2); Additional Protocol II 1977, art 4(3)(c).

[60] Rome Statute of the International Criminal Court 1998, art 8(2)(b)(xxvi) and art 8(2)(e)(vii).

[61] Geneva Convention IV 1949, arts 76, 82, 94; Additional Protocol I 1977, art 77(4).

[62] Additional Protocol I 1977, arts 52 and 77; Geneva Convention IV 1949, art 50.

@article{1716532,
      author = {Ahmed Mohammed Bachaka},
      title = {The Legal Protection Afforded to Women and Children Under International Humanitarian Law (IHL)},
      journal = {Iconic Research And Engineering Journals},
      year = {2026},
      volume = {9},
      number = {10},
      pages = {2167-2177},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1716532.pdf},
      abstract = {This article examines the legal framework governing the protection of women and children under International Humanitarian Law (IHL), focusing on the four Geneva Conventions of 1949, their Additional Protocols of 19771, and relevant rules of customary international humanitarian law. It analyses the specific protections afforded to women against rape, sexual violence, forced prostitution, and humiliating or degrading treatment, as well as the safeguards granted to children concerning recruitment into armed forces, detention, family unity, education, and survival needs. The article further explores the interaction between IHL, international human rights law, and international criminal law, particularly the recognition of sexual violence and the recruitment of child soldiers as war crimes and crimes against humanity under contemporary international criminal justice mechanisms. It also evaluates the challenges of enforcement which, includes weak accountability structures, evidentiary difficulties, and the persistence of violations in modern armed conflicts. The article concludes that although the legal regime protecting women and children under IHL is extensive and well-developed, effective implementation remains limited due to political, institutional, and operational constraints. Strengthening compliance mechanisms, enhancing international cooperation, and improving domestic incorporation of international norms are therefore essential to ensure meaningful protection for women and children during armed conflict.},
      keywords = {International Humanitarian Law, International Human Rights Law, Legal Protection, Women and Children},
      month = {April},
      doi = {https://doi.org/10.64388/IREV9I10-1716532}
  }