Journal Citation:
27 WINDSOR YEARBOOK OF ACCESS TO JUSTICE, 385-402 (2009).
This author examines the longstanding
feminist legal debate regarding the role of
international humanitarian law (IHL) in
respect to civilian women in armed conflict.
The "enforcement" school argues that women
bear so many tragic effects of armed conflict
because legal rules are not observed or
enforced. UNSCR 1325 reflects this view by
calling on parties to fully respect IHL as it
applies to women and girls. In contrast, the
"revision" school agrees that enforcement is
important, but posits that IHL reflects
masculine assumptions that do not adequately
account for gender inequity. The author
concludes that mainstream action has focused
on enforcement, but that further
(re)interpretation and legal reform would
help improve the situation for female
civilians in armed conflict.