[PDF] UN Security Council Resolutions 1325 and 1820: constructing

S/RES/1820 - Security Council Report

Jun 19, 2008 · Resolution 1820 (2008) Adopted by the Security Council at its 5916th meeting, on 19 June 2008 The Security Council, Reaffirming its commitment to the continuing and full implementation of resolution 1325 (2000), 1612 (2005) and 1674 (2006) and recalling the Statements of its president of 31 October 2001 (Security Council/PRST/2001/31), 31 October

United Nations Security Council Resolution 1820

conflict resolution processes, and calls upon Member States to comply with their obligations for prosecuting persons responsible for such acts, to ensure that all victims of sexual violence, particularly women and girls, have equal protection under the law and equal access to justice, and stresses the importance of ending impunity for such acts as

Security Council

resolution 1820 (2008), Department of Peacekeeping Operations, 13 April 2009 S/2009/362 09-40556 3 It is a well-established method of torture 4 For these reasons and

UN Security Council Resolutions 1325 and 1820: constructing

velopments in public international law, specifically UN Security Council Resolution 1325 on women, peace and security14 and UN Security Council Resolution (SC Res ) 1820 focusing on sexual violence in conflict,15 contain empowerment as well as protection clauses, which may help to broaden recognition of women’s multiple roles in conflict

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Resolution 1820 (2008) vom 19 Juni 2008 Der Sicherheitsrat, in Bekräftigung seines Bekenntnisses zur fortgesetzten und vollständigen Durchfüh-rung seiner Resolutionen 1325 (2000) vom 31

Gender Equality in Peacekeeping Operations

prevention, peacekeeping, conflict resolution and peacebuilding and highlighted the importance of their equal and full participation, as active agents in peace and security • Security Council resolution 1325 (2000) Women, Peace and Security • Security Council resolution 1820 (2008) Sexual Violence

REPORT ON UNSC MECHANISMS AND ACTIONS FOR THE IMPLEMENTATION

Council Resolution (UNSCR) 1820 of 19 June 2008 on Sexual Violence in Conflict (SVC) UNSCR 1820 has emphasized the link between sexual violence in conflict and the maintenance of international peace and security — primary objective of the UNSC Although the linking of women to the international peace and security agenda first

United Nations S Security Council

United Nations S/RES/1888 (2009) Security Council Distr : General 30 September 2009 09-53446 (E) *0953446* Resolution 1888 (2009) Adopted by the Security Council at its 6195th meeting, on

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UN Security Council

Resolutions 1325 and

1820: constructing

gender in armed conflict and international humanitarian law

Amy Barrow*

UniversityofHongKong.

Abstract

While the Geneva Conventions contain gender-specific provisions, the reality of women's and men's experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued

scrutiny.Volume 92 Number 877 March 2010* The author would like to thank her fellow faculty members at the Chinese University of Hong Kong for

their helpful comments and advice on earlier drafts. doi:10.1017/S1816383110000081221 Within a peace and security context, essentialized gender roles have often been sustained by international law and policy. 1

While the differing impact of armed

conflict on men and women is increasingly acknowledged, 2 constructions of 'gen- der' and gender-specific provisions within international humanitarian law have proved problematic. 3 Advances in women's human rights and other international instruments, principally Section E of the Beijing Platform for Action, which centres on women and armed conflict, 4 have gone some way towards developing the scope of existing provisions. Despite increased awareness of gender-based violence, however, significant challenges remain. First, analyses of the gendered dynamics of conflict have largely focused on sexual violence and rape. 5 While women are often the primary target of sexual violence, 6 the wider social impact is intrinsically linked to both genders. 7 Significantly, in non-international armed conflicts, rape has often been committed in orchestrated campaigns of ethnic cleansing that seek to undermine familial structures. 8 For example, in Rwanda, the deliberate impregnation of Tutsi women by Hutus sought to undermine the social fabric of communities. 9

On the one hand,

this open acknowledgement of gender-based violence suggests that gender is ex- pressly recognized at a normative level. However, this normative recognition aligns gender directly with women and victimhood, which undermines women's agency as active participants and distorts discourses by failing to consider women's broader experience of armed conflict. 10

Indirectly, these narratives censor the

diverse ways in which women participate in armed conflict as actors, combatants

1 Judith Gardam, 'A feminist analysis of certain aspects of international humanitarian law', inAustralian

Yearbook of International Law, Vol. 12, 1992, p. 265.

2 Rape is committed by all sides in conflict and there have also been reported cases of sexual violence by

UN peacekeepers. See e.g. Christine Chinkin, 'Rape and sexual abuse of women in conflict', inEuropean

Journal of International Law, Vol. 5, 1994, p. 326.

3 Judith Gardam, 'Women and the law of armed conflict: Why the silence?', inInternational and

Comparative Law Quarterly, Vol. 46, 1997, p. 55.

4 Fourth World Conference on Women, Declaration and Platform for Action, A/CONF.177/20, 15

September 2005.

5 See e.g.The War within the War: Sexual Violence against Women and Girls in Eastern Congo, Human

Rights Watch, New York, 2002; Megan Bastick, Karin Grim and Rahel Kunz,Sexual Violence in Armed

Conflict: Global Overview and Implications for the Security Sector, DCAF, Geneva, 2007;Climate of Fear:

Sexual Violence and Abduction of Women and Girls in Baghdad, Human Rights Watch, New York, 2003.

6 See e.g. Marie Claire Faray-Kele, 'Africa: Women - Violence in war and in peace', 20 March 2008,

available at http://allafrica.com/stories/200803200580.html (last visited 8 February 2010); Patricia H.

Hynes 'On the battlefield of women's bodies: An overview of the harm of war to women', inWomen's Studies International Forum, Vol. 27, 2004, pp. 431-445.

7 Charlotte Lindsey,Women Facing War: ICRC Study on the Impact of Armed Conflict on Women, ICRC,

Geneva, 2001, p. 37.

8Women, Peace and Security, Canadian Research Institute for the Advancement of Women, Fact Sheet

No. 6, 2004.

9 Human Rights Watch has documented the widespread use of sexual violence in Rwanda and the impact

that the violence continues to have on social relationships. SeeSexual Violence during the Rwandan Genocide and its Aftermath, Human Rights Watch, New York, 1996.

10 Judith Gardam and Hilary Charlesworth, 'Protection of women in armed conflict', inHuman Rights

Quarterly, Vol. 22, No. 1, 2000, p. 148.

222
A. Barrow - UN Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian law or peace-builders. 11 Furthermore, both sexual violence discourses and international legal provisions largely fail to consider men's experience of sexual violence in conflict, which sustains a 'male-perpetrator and female-victim paradigm' 12 that is ultimately detrimental to both men and women. Second, the prevalence of non-international armed conflict challenges the foundations of international humanitarian law. 13

Although this is a general

dilemma, when considered in the light of gendered understandings of armed con- to respond to the complex intersection of gender, ethnicity and other aspects of identity, which may be all the more pertinent in non-international armed conflicts as nationality is not the dominant differentiation between parties. More recent de-

1325 on women, peace and security

14 and UN Security Council Resolution (SC Res.) 1820 focusing on sexual violence in conflict, 15 contain empowerment as well as protection clauses, which may help to broaden recognition of women's multiple roles in conflict. The aim of this paper is to critically evaluate whether the process of gender mainstreaming using SC Res. 1325 and SC Res. 1820 16 helps to strengthen constructions of gender within international humanitarian law, giving due consideration to the exploitation of gender stereotypes in armed conflict. Gender, armed conflict and international humanitarian law Legal protections afforded to women in conflict situations have long been criticized as being divorced from the reality of women's experiences. 17

However, the aims of

legal provisions echo more general tensions within equality discourses, which stem from the samenessversusdifference debate. Liberal feminists have striven for equality on the basis of sameness, but this has not always proved radical enough to challenge gender inequality and denies acknowledgement of different socialquotesdbs_dbs2.pdfusesText_3