Feminist Debates on Civilian Women and International Humanitarian Law

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.