Strasbourg, 4 May 2009
CAHVIO (2009) 12
AD HOC COMMITTEE ON PREVENTING AND COMBATING
VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE
(CAHVIO)
OVERVIEW OF LEGAL PROTECTION AGAINST SEXUAL
VIOLENCE AFFORDED TO WOMEN DURING
SITUATIONS OF ARMED CONFLICT
Information document prepared by the
Directorate General of Human Rights and Legal Affairs
2 CAHVIO (2009) 12
OVERVIEW OF LEGAL PROTECTION AGAINST SEXUAL VIOLENCE
AFFORDED TO WOMEN DURING SITUATIONS OF ARMED CONFLICT
The level of legal protection of women against sexual violence during armed conflict
is not only determined by the character and stage of the conflict, but also by the
particular role of each woman caught up in it. Armed conflict may be of international
or national character, involving state actors or non-state actors. Women may be
combatants, persons deprived of their freedom, refugees, internally displaced persons
(IDPs), mothers and/or members of the civilian population. It is important to note that
sexual violence is not limited to rape. It also encompasses forced prostitution, sexual
slavery, forced impregnation, forced maternity, forced termination of pregnancy,
enforced sterilisation, indecent assault, trafficking, inappropriate medical
examinations and strip searches.
The provisions of international humanitarian law listed below afford women
protection against sexual violence.1 While the Geneva Conventions generally apply to
international armed conflict, Article 3, which is common to all four Geneva
Conventions, also relates to non-international armed conflict. Additional Protocol I is
concerned solely with international armed conflict, whereas Additional Protocol II
focuses on non-international armed conflict.
I. WOMEN AS PART OF THE CIVILIAN POPULATION IN INTERNATIONAL AND NON-
INTERNATIONAL ARMED CONFLICTS
1. Protection under the Geneva Conventions2
International armed conflicts
4th Geneva Convention Women must be especially protected against any attack
Article 27 on their honour, in particular against rape, enforced
prostitution, or any other form of indecent assault.
Additional Protocol I to Prohibition of violence to the life, health or physical or
the Geneva Conventions mental well/being of persons, in particular torture of all
Article 75(2)(a);(b) kinds, whether physical or mental and prohibition of
outrages upon personal dignity, in particular humiliating
and degrading treatment, enforced prostitution and any
form of indecent assault or threats thereof.
Additional Protocol I to Women must be the object of special respect and must be
the Geneva Conventions protected in particular against rape, forced prostitution
Article 76 and any other form of indecent assault.
1
Source: “Addressing the Needs of Women Affected by Armed Conflict, An ICRC Guidance
Document, Annex: General and specific protection of women under international humanitarian law”,
ICRC, March 2004.
2
All Council of Europe member states have ratified the Geneva Conventions I-IV, while 44 member
states have ratified its Additional Protocols I and II (Andorra, Azerbaijan and Turkey have not ratified
the Additional Protocols).
CAHVIO (2009) 12 3
Non-international armed conflicts
Geneva Conventions, Prohibition of outrages upon personal dignity, in
Common Article 3 particular humiliating and degrading treatment in non-
international armed conflicts.
Additional Protocol II to The following acts against persons hors de combat are
the Geneva Conventions prohibited in non-international armed conflicts: violence
Article 4(2)(a);(e) to life, health and physical or mental well-being, in
particular cruel treatment such as torture; outrages upon
personal dignity, in particular humiliating and degrading
treatment, rape, enforced prostitution and any form of
indecent assault, and slavery.
2. Protection under the Statute of the International Criminal Court3
Article 7(1)(g) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilisation, or any other form of
sexual violence of comparable gravity (if committed as a
“crime against humanity” meaning committed as part of
a widespread or systematic attack directed against any
civilian population, with knowledge of the attack)
Articles 8(2)(b)(xxi); Rape, sexual slavery, enforced prostitution, forced
(xxii); 8(2)(c)(ii); pregnancy, enforced sterilisation, or any other form of
8(2)(e)(vi) sexual violence as well as outrages upon personal
dignity, in particular humiliating and degrading
treatment, are war crimes in both international and non-
international armed conflicts (if committed as part of a
plan or policy or as part of a large-scale commission)
II. WOMEN DEPRIVED OF THEIR FREEDOM DURING ARMED CONFLICT
International armed conflicts
3rd Geneva Convention Prisoners of war must be treated humanely at all times
Articles 13 and 14 and are entitled to respect for their persons and their
honour in all circumstances.
Unlawful acts or omissions by a detaining authority
causing the death or seriously endangering the health of
prisoners of war are prohibited. Prisoners of war must not
be subjected to physical mutilation or to medical or
scientific experiments.
rd
3 Geneva Convention A Detaining Power must protect prisoners of war from
Article 13 acts of violence or intimidation and from insults and
public curiosity.
3
39 member states of the Council of Europe have ratified the Statute of the International Criminal
Court (Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Czech Republic, Croatia,
Cyprus, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway,
Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, ”The
former Yugoslav Republic of Macedonia, United Kingdom).
4 CAHVIO (2009) 12
3rd Geneva Convention Women prisoners of war must be treated with all the
Article 14 regard due to their sex and must in all cases benefit from
treatment as favourable as that granted to men.
3rd Geneva Convention Prohibition of the use of physical or mental torture and
Article 17 any form of coercion in order to secure information of
any kind from prisoners of war.
3rd Geneva Convention Female prisoners of war may not be sentenced to more
Article 88 sever punishment or be treated more severely when
undergoing punishment than female or male members of
the Detaining Power’s forces for a similar offence.
3rd Geneva Convention Women deprived of their liberty in relation to
Article 97, 4th Geneva international or non-international armed conflicts must be
Convention Articles placed under the immediate supervision of women.
76;124; Additional
Protocol I Article 75(5)
4th Geneva Convention A woman civilian internee must not be searched except
Article 97 by a woman.
4th Geneva Convention Disciplinary penalties may not be inhuman, brutal or
Article 117 dangerous to the health of civilian internees and account
must be taken of the internee’s age, sex and state of
health.
Non-international armed conflicts
Additional Protocol II The physical or mental integrity of persons deprived of
Article 5(2)(e) their liberty for reasons related to a non-international
conflict must not be endangered by any unjustified act or
omission. It is prohibited to subject these persons to any
medical procedure not justified by the state of health of
the person concerned.
Additional Protocol II Women deprived of their liberty in relation to
Article 5(2)(a) international or non-international armed conflicts must be
placed under the immediate supervision of women.
