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

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.

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Publication Details

Journal
Iconic Research and Engineering Journals
Published
2026-04-21
DOI
https://doi.org/10.64388/irev9i10-1716532
Primary Topic
Gender, Security, and Conflict
Type
article
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article

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

Ahmed Mohammed Bachaka
Iconic Research and Engineering Journals
Gender, Security, and Conflict
article

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

Ahmed Mohammed Bachaka
article en

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.

Iconic Research and Engineering JournalsVol. 9(10)
Bridge University (SS)
Gender equality
Openalex Percentile: Top 4%
Gender, Security, and Conflict
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