Authored By: SUNANDA CHAKRABARTY
Jagannath University, Bangladesh
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
- 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
- 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
- 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
- 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
- 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:
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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
