Disparity of Policy and Field Reality at Areas Under Armed-Conflict in Relation to Gender-Based Violence Against Women

Abstract

International humanitarian law (IHL) seeks to protect all individuals involved in armed conflicts. It comprises numerous regulations governing the rules related to unavoidable hostility and the protection for civilians. When armed conflicts occur, women are disproportionately harmed and subjected to horrific human rights violations such as gender-based assault, rape, torture, slavery, and displacement. The article examines legal statutes and international humanitarian law governing gender-based violence (GBV) against women in areas of armed conflict. It investigates the use of international humanitarian law, international criminal law, and human rights law to combat and prevent GBV. Despite statutory provisions, societal norms, political realities, and enforcement issues, there remains a significant gap between Policy and ground reality. This disparity impedes the successful prosecution of abusers and the delivery of justice to survivors. The study emphasises the significance of a comprehensive strategy that includes protection, accountability, and prevention in preventing violence against women in areas of armed conflicts. It focuses on the ‘Geneva Conventions and Additional Protocols’ specific provisions for civilian women and women who serve in the armed services. The research contributes to global efforts towards eliminating gender-based violence in conflict situations by examining the disparity between the law and actual instances of gender-based violence extensively. It portrays the urgent necessity of having robust legal frameworks, accountability procedures, and support networks to safeguard women from gender-based violence in areas of conflict.