The neglected aspect of women and armed conflict - progressive development of the law

Abstract

The impact of armed conflict on women is the subject of three recent international studies, two under the auspices of the United Nations and one undertaken by the International Committee of the Red Cross. These studies make a significant contribution to increasing knowledge of the ways in which women experience armed conflict and, moreover, propose strategies to address the problems they identify. There is virtual consensus, however, that the existing legal regime protecting women in times of armed conflict is adequate and that there is no place for progressive development of the law. This article challenges this conclusion. After examining the approach of the studies to the regime protecting women in times of armed conflict, the author argues that there is a need for a comprehensive initiative to consider whether in fact the law is adequate to deal with their situation of women in armed conflict.