Protecting the Vulnerable: Examining the Implementation of International Humanitarian Law for Women and Children During Armed Conflict

Abstract  

From the establishment of the international humanitarian law has created a legal framework to  safeguard women and children, who are greatly impacted by humanitarian situation such as armed  conflict. During armed conflict economic desperation makes women and children are more  vulnerable to mistreatment, such as human trafficking, child soldier recruitment, forced labor, suffering from injuries, disabilities, or death due to bombings, shootings, and other forms of attack.  Women and children suffer a lot of mental damage when they are exposed to violence, lose loved  ones, and see their homes and neighborhoods destroyed. International Humanitarian Law must be  effectively implemented and enforced to protect vulnerable people in conflict zones. The article  highlights the disparity and vulnerability faced by women and children during armed conflicts due  to the absence of proper implementation of humanitarian law, which hinders the proper practice  of the rule of law. 

Key Words:  

• International Humanitarian Law 
• Armed Conflict 
• Geneva Conventions  
• Vulnerable People 
• Protection of Women and Children

1. Introduction 

International humanitarian law is called the laws of war, sets rules for what people in an armed  conflict can and can’t do. Armed conflict has terrifying consequences, including the loss of  innocent civilian life, violation of human rights and International Humanitarian Law (IHL). It regulates interactions between States during warfare, aiming to minimize suffering, loss, and  destruction resulting from battle. The legal frame work setup to implement and enforce the laws  of war which are binding under the Geneva Conventions and their Additional Protocols, it is  essential to prioritize the protection of civilians, especially women and children those who are very  vulnerable, from human rights violations as the result of armed conflict. Under International  binding norms the III Geneva Convention of 1949 ensure safeguards of the civilians where their  all-additional protocols also given priority to the women and children, both as civilians not  engaged in hostilities and as combatants captured by the enemy. This law also offers general  protection for individuals along with specific protection for those who are particularly vulnerable and involved in hostilities are receive protection. 

Despite all these legal frameworks exist, in the time of the practical implementation and  enforcement of International Humanitarian Law remain inconsistent and often inadequate, leaving  vulnerable persons unprotected during times of armed conflict. Numerous case studies and reports  from conflict zones around the whole world reveal that women and children continue to suffer  egregious violations of their rights. During the conflict, the rule of law is often abandoned, and the  most vulnerable members of society are left to fend for themselves. These groups often bear the  brunt of the violence, facing unique threats and challenges that necessitate specific protections  under International Humanitarian Law (IHL). Women often face many vulnerabilities such as risks  of sexual violences, limited access to healthcare, forced displacement, forced slavery and many  violences during conflicts. Children are also profoundly impacted, experiencing higher rates of  malnutrition, recruitment as child soldiers, and disrupted access to education. Women and children also suffer severe mental trauma as loved ones die or they witness violence against their families  and neighbors.1 

This article aims to critically examine the effectiveness and implementation of the International  Humanitarian Law during the armed conflict in respect of ensuring proper protection of the women  and children. Finally, this concludes with recommend some suggestions to enhance of its  protection. 

Key Provisions Related to Women’s Protection under the International Humanitarian Law 1. Protection relating to Sexual Violence: 

The fourth Geneva Convention forbids “rape, forced prostitution, or any form of indecent assault.”2 Women must be given special respect and protection under Protocol I, including enhance  safeguard from rape, forced prostitution, and other indecent assaults.3 

2. Enhance Protection for the Mothers and Pregnant Women: 

In respect of safeguarding the mothers along with their young children and pregnant women the  Geneva Convention IV stated about the healthcare coverage and safety issues in terms of the armed conflict.4 Further for the special enhance protection the Protocol I require the mothers  along with infants arrested, detained, or interned get priority medical care, including humane  treatment.5 

3. General Protections for Women as Civilians: 

Geneva Convention IV requires safety zones and neutralized areas for women and other civilians  to shield them from military actions.6 Additional Protocol I recognize purposeful sexual violence  as a grave violation and a war crime punishable by prosecution.7 

4. Treatment of Women as Prisoners of war: 

Women prisoners of war must be treated with respect for their sex and given proper cleanliness a nd health care under the Geneva Convention III.8 

5. Allowing humanitarian assistance, including aid for women: 

Under the Additional Protocol III use of the Red Crystal ensures that in cases of armed conflict,  neutrality is maintained, allowing humanitarian assistance, including aid for women, to reach them  without hindrance.9 

Children’s Protection under International Humanitarian Law:  

1. Special Protection for Children: 

Geneva Convention IV provides that children should receive special protection. This includes the  protection of children under 15, particularly orphans and children separated from their families,  ensuring they are cared for and not left without aid.10 Protocol I adds that minors must be respected  and safeguarded from indecent assault.11  

2. Prohibition on Child Recruitment: 

It is prohibited also expressly forbidden under Additional Protocols I and II to recruit or forces to  join any children under the age of fifteen into an armed forces or groups. Their participation in  hostilities is banned by the humanitarian law whatever the child from joining the military in any  capacity, whether that’s as fighters or as supporters.12 

3. Protection from Sexual Violence and Exploitation: 

Sexual abuse and exploitation of child and women are prohibited by the Geneva Conventions and  Additional Protocol I, namely Articles 27 and 76. 

4. Access to Humanitarian Aid and Education: 

Geneva Convention IV requires food, medical care, and education for children. Even in wartime,  children need education. Additionally, Protocol I require that food and medicine relief for children  be prioritized. 

5. Evacuation of Children: 

Geneva Convention IV, promotes the safe evacuation of children from areas affected by conflict  whenever possible, to protect them from the dangers of warfare.13 

6. Special Protection During Detention: 

Geneva Convention IV, provides that children, particularly minors, should receive special  treatment in cases of detention. They cannot be held with adults unless they are related. 

7. Prohibition of Attacks on Schools: 

The general protections under Additional Protocol I, also extend to civilian objects such as schools,  which must not be attacked. This ensures that children are protected while receiving education  during conflict situations.14 

The Vulnerabilities of Women and Children During Armed Conflict:  

Vulnerabilities of Women in armed conflicts:  

In war zones, women face various risks due to gender disparities, which endanger women’s safety,  health, and well-being. Notable vulnerabilities are given below: 

• Social Stigmatization and Ostracization:  

Women who experience sexual violence or other abuses in conflict zones may be stigmatized  within their communities, further isolating them. This stigma can extend to physical abuses as rape and also result of born of a child, who may face exclusion or discrimination, creating lasting social  challenges for both mother and child. 

• Displacement and Loss of Economic Stability 

Women are frequently forced into displacement, where they encounter limited access to resources  and employment opportunities. Without financial stability or support networks, they often find  themselves in precarious situations, increasing their risk of exploitation and abuse. In refugee  camps and displaced populations, women have fewer employment opportunities, pushing them to  rely on unsafe labor or even survival sex to meet basic needs.15 

• Healthcare Challenges 

In many conflict-affected areas, humanitarian aid is limited, and its distribution is often inadequate  or discriminatory. Armed conflict often destroys healthcare infrastructure. Pregnant women and  new mothers suffer the most due to a lack of medical care. Lack of access to safe maternity care,  heightens health risks for both mothers and infants. 

• Lack of Legal Protections and Representation 

Many conflict zones lack stable legal frameworks, leaving women unprotected and without a voice  in matters that impact their safety and well-being. In patriarchal societies, the power dynamics  shift even further away from women during times of conflict, limiting their ability to advocate for  themselves or their children.16 

• Increased Vulnerability to Trafficking and Exploitation: 

When families are displaced by war, women and girls are exposed to human trafficking and  exploitation. Kidnapping or assurances for security and job lead many to exploitative situations.17 

• Dispossession and Property Rights: 

Conflict often results in the loss of land and property, which disproportionately impacts women in  societies where property rights favor men. When husbands or fathers are killed or disappear, many  women are left without legal ownership or rights to family property, which makes recovery and  resettlement efforts challenging and can lead to long-term poverty. 18 

• Mental Health Challenges: 

During wartime, many women suffer anxiety, depression, and psychological disorders. Access to  mental health services is often nonexistent in conflict zones, leaving these mental health issues  untreated and further affecting women’s ability to cope and rebuild after conflict. 

• Exposure to Unsafe Living Conditions in Refugee Camps: 

Displaced women and girls in refugee camps or temporary shelters face overcrowding, poor  sanitation, and a lack of privacy, which heightens their risk of sexual and physical violence.  Additionally, without proper infrastructure, these camps often lack adequate resources to address  health needs, provide security, or ensure sanitation, leading to increased rates of illness and  disease. 

Vulnerabilities of Children in Armed Conflicts 

• Recruitment as Child Soldiers:  

Armed groups often exploit children, forcibly recruiting them as soldiers. This disrupts their  psychological and physical development, leaving deep scars and making it difficult for them to  reintegrate into society after the conflict. Children are often coerced, threatened, or manipulated  into joining armed groups, with promises of food, shelter, or protection. 

• Exposure to Violence and Trauma: 

Conflict often leaves children vulnerable to sexual violence and abuse, which can have life-long  psychological effects, including post-traumatic stress disorder (PTSD), anxiety, and aggression. 

For many, this trauma becomes deeply ingrained, making reintegration into civilian life extremely  difficult. 

• Reintegration Challenges: 

After being associated with armed groups, children often face challenges reintegrating into their  communities. The stigma attached to former child soldiers and the psychological impact of their  experiences isolate them from peers and hinder their access to education and employment,  perpetuating cycles of poverty and instability. 

• Disruption of Education:  

Education is essential for children’s development, but in conflict zones, it is often the first service  to be interrupted. Schools are frequently targeted or occupied by military forces, leaving children  unable to access safe learning environments. Children who lack access to education during conflict  are more likely to face economic hardship as adults, and the absence of education perpetuates  instability and underdevelopment in post-conflict regions.19 

• Human Trafficking and Forced Labor: 

Armed conflicts often displace children, making them more vulnerable to traffickers who exploit  them for labor or other forms of servitude.20 

• Sexual Violence and Exploitation: 

Conflict often leaves children vulnerable to sexual violence and abuse, particularly in refugee  camps or temporary shelters, where security is limited. Girls face a heightened risk of sexual  exploitation, including forced marriages and prostitution, while boys are also at risk, albeit often  unreported. The trauma of sexual violence is deep and lasting, affecting children’s psychological  well-being, relationships, and sense of safety.21 

• Early and Forced Marriages: 

In conflict zones, child marriages are sometimes seen as a protective or economic strategy by  families facing severe poverty. This exposes young girls, in particular, to early pregnancies,  domestic abuse, and the loss of educational and economic opportunities. 

• Psychological Trauma and Mental Health Implications:  

The trauma of witnessing violence, experiencing the loss of family members, and enduring  perpetual terror can result in significant psychological repercussions in children. Anxiety,  depression, and post-traumatic stress disorder (PTSD) are common among children in armed  conflicts. 

• Health and Nutritional Vulnerabilities:  

Armed conflicts disrupt access to healthcare and nutritious food, leaving children vulnerable to  illness and malnutrition. The breakdown of health services and lack of food supplies in conflict  zones create severe health risks for children.22 . In conflict-affected areas, vaccination rates drop,  and preventable diseases like measles and cholera increase, posing significant risks to children’s  health. 

Suggestions for Enhancing the Safeguarding of Women and Children within  the Framework of International Humanitarian Law 

To ensure protection towards women and children here are some key recommendations given  below: 

• Improving Enforcement Mechanisms 

Lack of accountability hinders IHL implementation. International procedures like the International  Criminal Court and violation monitoring must be strengthened. Fostering specific protocols to  prevent and prosecute sexual violence during armed conflicts is crucial.  

• Sanctions and Diplomatic Pressure: 

International sanctions and diplomatic pressure should be considered for governments and non state entities that systematically violate women’s and children’s rights during conflict. Travel, asset,  and armament embargoes are examples. 

• Strengthening Humanitarian Assistance 

Conflict zones often lead to the denial of essential humanitarian aid to women and children, often  due to deliberate blockades. Humanitarian workers are often targeted, further hindering their  efforts, it is of the utmost importance to make sure that aid reaches those in need. 

• Education and Awareness Programs 

States and non-state militaries must get regular IHL training to safeguard vulnerable groups like  women and children. Public awareness campaigns should educate the general public, especially in  conflict-affected areas. 

• Women and Children’s Voices in Peace Negotiations 

To address concerns like sexual violence and displacement and to ensure protection both during  and after conflicts, women must be represented in peace negotiations. 

• Utilize Technology:  

Leverage technology for real-time monitoring of IHL violations, using tools like satellite imagery  and social media to document and report abuses. 

Conclusion 

In conclusion, while International Humanitarian Law has been expressed and enacted many  protections also provides such legal framework and foundation for the protection of women and  children in armed conflicts, but the fact remains silent while the state of enforcement and proper implementations. It is more important to more we need to be done to ensure that these laws are  effectively enforced and implemented, we must come unitedly to make sure no compromise of  legal enforcement mechanisms because weak enforcement can make this law as unprotected legal  system during armed conflicts.  

The international community must prioritize strengthening enforcement mechanisms, enhancing  the role of international organizations, and promoting legal reforms internationally to ensure the  protections promised under different international legal framework as protections offered by IHL, and must come realistic enforcement mechanism from the written theoretical laws.  So, the ultimate enactment goal of the International Humanitarian Law can provide the true  protections for the vulnerable women and children during armed conflicts, can ease sufferings,  also can ensure that the Human rights and welfare of the most vulnerable populations.

Reference(S):

1‘Women, Girls, and Armed Conflict’ (Women in the World, Open Text BC)  https://opentextbc.ca/womenintheworld/chapter/chapter-5-women-girls-and-armed-conflict/ accessed 6 oct. 2025.  

2 Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention)  (adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 287, art 27.  

3 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of  International Armed Conflicts (Protocol I) (adopted 8 June 1977, entered into force 7 December 1978) 1125 UNTS  3, Arts 76, Additional Protocol I.  

4 Art. 16, Geneva Convention IV 

5 Art. 76 para 2, Additional Protocol I

6 Art. 14, Geneva Convention IV 

7 Art. 85(4)(c), Additional Protocol I  

8 Art. 14, Geneva Convention III  

9 Art. 2, Additional Protocol III 

10 Art. 24 Geneva Convention IV 

11 Art. 77, Additional Protocol I  

12 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of  Non-International Armed Conflicts (Protocol II) (adopted 8 June 1977, entered into force 7 December 1978) 1125  UNTS 609, Art. 4(3)(c), Additional Protocol II

13 Art. 17, Geneva Convention IV 

14 Art. 48 and 52, Additional Protocol I

15 International Committee of the Red Cross, ‘International Review of the Red Cross: Humanity in War’ (2010)  91(877) International Review of the Red Cross 5. 

16 ibid 

17 Nicole Urban and Robert McCorquodale Kristin Hausler, Protecting Education in Insecurity and Armed Conflict:  An International Law Handbook (The British Institute of International and Comparative Law ed, 2nd edn, The  British Institute of International and Comparative Law 2020).1-12.

19 Barrister Ahmed Ehsanul Kabir and Barrister Shuvra Chowdhury, supra (n 26) 155.  

20 Nicole Urban and Robert McCorquodale Kristin Hausler, supra (n 90) 150.  

21 M C Brundel, More than a ‘women’s issue’: The Geneva Conventions, Additional Protocols and Sexual and Gender based Violence by UN Peacekeepers (LLM thesis, Tilburg Law School, June 2021)  https://arno.uvt.nl/show.cgi?fid=155701 accessed 8 oct. 2025.

22 ibid