Targeting gender stereotypes in armed conflicts: Exploring the potential of CEDAW Article 5(a) in addressing gender stereotyping in the conduct of hostilities

Abstract The problem of gender stereotyping in armed conflict, particularly in the conduct of hostilities, has received limited attention in international humanitarian law discourse. This can be explained by the routine deprioritization of gender issues, which leads to misunderstanding and under-estimating the potential harm that gender stereotyping in armed conflict can cause. The situation is markedly different in international human rights law (IHRL), where the problem of gender stereotyping has been receiving increased attention. In IHRL, Article 5(a) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is considered to be the leading anti-gender-stereotyping provision, requiring States Parties to dismantle gender stereotypes. This article argues that Article 5(a) of the CEDAW is relevant in armed conflicts and imposes a legal obligation on States Parties to address gender stereotyping in military action, including in the conduct of hostilities. To this end, the article examines the scope and content of Article 5(a) and the relevance of the CEDAW in armed conflicts in general. It also explains why the targeting process is particularly conducive to gender stereotyping. Furthermore, it challenges the common misconception that gender stereotyping in the targeting process can only harm men while sparing women, arguing instead that it can lethally harm both men and women. The article concludes with an analysis of what Article 5(a) requires States Parties to do in practice to address gender stereotyping in the targeting process.