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International Humanitarian Law IHL

Digging for Rights: How Can International Human Rights Law Better Protect Indigenous Women from Extractive Industries?

Citation:

Morales, Sarah. 2019. "Digging for Rights: How Can International Human Rights Law Better Protect Indigenous Women from Extractive Industries?" Canadian Journal of Women and the Law 31 (1): 58-90.

Author: Sarah Morales

Abstract:

FRENCH ABSTRACT:
L’expansion des industries extractives dans les territoires des peuples autochtones a été et continue d’être un processus éprouvant pour les gouvernements, l’industrie et les peuples autochtones du monde entier. Bien que les avantages économiques liés au développement des ressources soient substantiels, on donne trop souvent priorité à ces considérations au lieu de voir les effets profonds et durables des répercussions pour les collectivités, sur le plan social et culturel, en particulier pour les nations autochtones. La recherche a démontré que ces répercussions sont aggravées quand les personnes se trouvent à la croisée de plusieurs collectivités, comme c’est le cas pour les femmes autochtones. Dans le présent article, on se demandera si les lois internationales concernant les droits de la personne peuvent ou non protéger efficacement les femmes et les filles autochtones contre les effets négatifs du développement de l’industrie extractive. En réfléchissant au droit à l’autodétermination, tel qu’il est présenté dans la Déclaration des Nations Unies sur les droits des peuples autochtones, l’auteure soutient qu’à notre époque d’extraction croissante, la meilleure façon pour faire en sorte que les lois internationales protègent les droits des femmes autochtones est de prévoir un mécanisme qui rendra opérationnelles les lois et les coutumes autochtones. Pour cela, il faut faire de la place aux femmes autochtones dans les processus de consultation afin qu’elles y partagent leur savoir et qu’elles puissent en influencer réellement le cours. La promotion des droits procéduraux des femmes autochtones est la meilleure façon d’assurer la protection de leurs droits substantiels corolaires.
 
ENGLISH ABSTRACT:
The expansion of extractive industries into the territories of Indigenous peoples has been, and continues to be, a challenging process for governments, industry, and Indigenous peoples all over the world. While the economic benefits of resource development are important, too often these considerations are emphasized at the expense of appreciating the deep and lasting social and cultural effects of these impacts on communities, in particular, Indigenous communities. Research has illustrated that these impacts are compounded when one considers those individuals at the intersection of these communities, such as Indigenous women. This article will examine whether or not international human rights law can effectively protect Indigenous women and girls from the negative effects of extractive industry development. By focusing on the right to self-determination, as captured by the United Nations Declaration on the Right of Indigenous Peoples, it argues that the most effective way international law can work to protect Indigenous women in this period of increased extractive development is by providing a mechanism through which Indigenous laws and practices can be operationalized. This means creating space during consultative processes for Indigenous women to share their knowledge and influence the process in a meaningful way. The promotion of the procedural rights of Indigenous women is the best way to ensure the protection of their correlating substantive rights.

Topics: Extractive Industries, Gender, Women, Indigenous Knowledge Systems, International Law, International Humanitarian Law IHL, International Organizations, Political Economies, Rights, Indigenous Rights

Year: 2019

The Grip of Sexual Violence: Reading UN Security Council Resolutions on Human Security

Citation:

Engle, Karen. 2014. “The Grip of Sexual Violence: Reading UN Security Council Resolutions on Human Security.” In Rethinking Peacekeeping, Gender Equality and Collective Security, edited by Gina Heathcote and Dianne Otto, 23–47. London: Palgrave Macmillan.

Author: Karen Engle

Abstract:

The issue I would like to pose in this chapter is about the grip of sexual violence on human security discourse. I do not want to address the violence itself, but to consider why many feminist — and even non-feminist — discussions about human rights and security have become inextricably connected to concerns about sexual violence, primarily but not exclusively against women. I consider here the United Nations (UN) Security Council resolutions on what is termed ‘human security’, and debates and media around them. I do so because I believe they are representative of an escalating emphasis on the horrors of sexual violence more generally within international human rights and humanitarian law, discourse and advocacy.

Topics: International Law, International Human Rights, International Humanitarian Law IHL, International Organizations, Security, Human Security, Sexual Violence, Rape, SV against women

Year: 2014

Women, PMSCs and International Law: Gender and Private Force

Citation:

Vrdoljak, Ana F. 2015. “Women, PMSCs and International Law: Gender and Private Force.” In Gender and Private Security in Global Politics, edited by Maya Eichler, 187-207. Oxford: Oxford University Press.

Author: Ana F. Vrdoljak

Abstract:

The application of international law norms and shortcomings of existing regulatory regimes covering PMSCs reinforce concerns about transparency and accountability in respect of gender-related violence, harassment, and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatization of war on women. The first part examines current initiatives at the international level to provide a regulatory framework for PMSCs and encompasses the obligations of states (and international organizations) in respect of international humanitarian law, human rights law, and use of force. The second part outlines the influence of civil society participation (including feminist academics, women’s NGOs, and so forth) in breaking the “silence” within international organizations and international law concerning violence against women and girls and its potential influence upon the regulation of PMSCs.

Keywords: women, private military and security companies, international law, human rights law, International Humanitarian Law, United Nations, PMSCs

Topics: Civil Society, Gender-Based Violence, International Law, International Human Rights, International Humanitarian Law IHL, International Organizations, Military Forces & Armed Groups, Private Military & Security, Privatization, Violence

Year: 2015

Women and Private Military and Security Companies

Citation:

Vrdoljak, Ana F. 2010. “Women and Private Military and Security Companies.” In War By Contract: Human Rights, International Humanitarian Law and the Regulation of Private Military and Security Companies, edited by Francesco Francioni and Natalino Ronzitti, 1-25. Oxford: Oxford University Press.

Author: Ana F. Vrdoljack

Abstract:

Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of existing international humanitarian law and human rights provisions relating to women. Part III examines recent developments within the United Nations, the work of the ICRC, and international criminal law jurisprudence shaping these legal norms. Part IV considers the key recommendations of recent international and international initiatives covering PMSCs and women.

Keywords: women, private military and security companies, gender, sexual assault, forced prostitution, human trafficking, sexual harassment, discrimination, international law, International Humanitarian Law, human rights

Topics: Armed Conflict, Occupation, Displacement & Migration, Gender, Women, Gender-Based Violence, Health, International Law, International Criminal Law, International Human Rights, International Humanitarian Law IHL, International Organizations, Military Forces & Armed Groups, Private Military & Security, Privatization, Rights, Human Rights, Violence

Year: 2010

Accountability of Private Military and Security Contractors in the International Legal Regime

Citation:

Huskey, Kristine A. 2012. Accountability of Private Military and Security Contractors in the International Legal Regime. Criminal Justice Ethics 31(3): 193-212.

Author: Kristine Huskey

Abstract:

The rapidly growing presence of private military and security contractors (PMSCs) in armed conflict and post-conflict situations in the last decade brought corresponding incidents of serious misconduct by PMSC personnel. The two most infamous events one involving the firm formerly known as Blackwater and the other involving Titan and CACl engendered scrutiny of available mechanisms for criminal and civil accountability of the individuals whose misconduct caused the harm. Along a parallel track, scholars and policymakers began examining the responsibility of states and international organizations for the harm that occurred. Both approaches have primarily focused on post-conduct accountability of the individuals who caused the harm, of the state in which the harm occurred, or of the state or organization that hired the PMSC whose personnel caused the harm. Less attention, however, has been paid to the idea of pre-conduct accountability for PMSCs and their personnel. A broad understanding of accountability for PMSCs and their personnel encompasses not only responsibility for harm caused by conduct, but responsibility for hiring, hosting, and monitoring these entities, as well as responsibility to the victims of the harm. This article provides a comprehensive approach for analyzing the existing international legal regime, and whether and to what extent the legal regime provides accountability for PMSCs and their personnel. It does so by proposing a practical construct of three phases based on PMSC operations Contracting, In-the-Field, and Post-Conduct with which to assess the various bodies of international law.

 

Keywords: private military and security companies, accountability, international human rights law, International Humanitarian Law, Montreux Document, International Criminal Law, U.N. Draft Convention on Private Military and Security Contractors

Topics: International Law, International Criminal Law, International Human Rights, International Humanitarian Law IHL, Military Forces & Armed Groups, Private Military & Security, Security Regions: Americas, North America Countries: United States of America

Year: 2012

Natural and Man-Made Disasters: The Vulnerability of Women-Headed Households and Children Without Families

Citation:

Sapir, Debarati Guha. 1993. "Natural and Man-Made Disasters: The Vulnerability of Women-Headed Households and Children Without Families." World Health Statistics Quarterly 46 (4): 227-33.

Author: Debarati Guha Sapir

Abstract:

Since 1980, over 2 million people have died as an immediate result of natural and man-made disasters and by 1992, the refugee population registered nearly 16 million people. This article reviews the human impact of disasters as a composite of two elements: the catastrophic event itself and the vulnerability of people. It also examines the specific case of women and children in the current world emergency context. It identifies four broad policy areas that affect women and children in disaster situations and discusses them with examples and field evidence. The first policy area addresses humanitarian assistance and armed conflicts, and armed conflict and international humanitarian law, the use of food as instrument of war, mines and civilian disability, and rape and sexual violence are discussed within this context. The second problem discussed is the issue of unaccompanied and abandoned children in terms of its magnitude and implications for relief response. Thirdly, the article examines the differential risks in emergencies for mortality and morbidity, specifically for women and children. Finally, it addresses certain policies and approaches to disaster rehabilitation which effectively mirror and reinforce inherent inequities in the affected society. The article notes that: (i) the largest proportion of disaster victims today arise from civil strife and food crises and that the majority of those killed, wounded and permanently disabled are women and children; and (ii) the ability of any country to respond effectively to disasters depends on the strength of its health and social infrastructure, and its overall developmental status. It concludes by identifying seven areas where concrete measures could be taken to improve the current situation.

Topics: Armed Conflict, Displacement & Migration, Refugees, Environment, Environmental Disasters, Gender, Women, Girls, Boys, Humanitarian Assistance, International Law, International Humanitarian Law IHL, Post-Conflict, Sexual Violence, Rape, SV against women

Year: 1993

Armed Conflict and Sexual Violence Against Women: An Inevitable Accompaniment?

Citation:

Gökalp Kutlu, Ayşegül. 2014. “Armed Conflicts and Sexual Violence Against Women: An Inevitable Accompaniment?” Kosbed 28: 1–20.

Author: Ayşegül Gökalp Kutlu

Abstract:

Violence against women – rape and all kinds of sexual assault – during armed conflicts is a practice which was known but ignored by human rights discourse and humanitarian law for many years. When states and ideals legitimize killing and other acts of violence, rape is seen as an unfortunate by-product. Therefore, it is common to think about sexual violence against women in armed conflicts as “coincidental”. However, normalizing rape and sexual assault contains the risk of permitting sexual violence and legitimizing its use as a weapon of war. This article will analyse the development and mechanisms of International Humanitarian Law, which is also known for the law of war, with a feminist perspective. It will be argued that International Humanitarian Law lacks effective measures to counter sexual violence.

Keywords: feminism, International Humanitarian Law, sexual violence

Topics: Armed Conflict, Feminisms, Gender, Women, International Law, International Human Rights, International Humanitarian Law IHL, Rights, Human Rights, Women's Rights, Sexual Violence, SV against women

Year: 2014

The Dialogue of Difference: Gender Perspectives on International Humanitarian Law

Citation:

Durham, Helen, and Katie O’Byrne. 2010. “The Dialogue of Difference: Gender Perspectives on International Humanitarian Law.” International Review of the Red Cross 92 (877): 31–52.

Authors: Helen Durham, Katie O'Byrne

Abstract:

This article examines the meaning and potential usefulness of a 'gender perspective' on international humanitarian law (IHL). In order to do so, it considers a number of 'gendered' themes found within IHL, including the role of women as combatants, and the gendered use of sexual violence during times of armed conflict. The authors suggest that further development and understanding of a gender perspective will contribute to the resilience and effectiveness of IHL as a system of law, and will strengthen the protection of those who are victimized and disempowered during times of war.

Topics: Armed Conflict, Combatants, Female Combatants, Gender, Gender Analysis, International Law, International Humanitarian Law IHL, Sexual Violence

Year: 2010

The Nairobi Declaration: Redefining Reparation for Women Victims of Sexual Violence

Citation:

Couillard, Valérie. 2007. “The Nairobi Declaration: Redefining Reparation for Women Victims of Sexual Violence.” International Journal of Transitional Justice 1 (3): 444–53. doi:10.1093/ijtj/ijm030.

Author: Valérie Couillard

Abstract:

This paper explores the contribution of the Nairobi Declaration on the Right of Women and Girls to a Remedy and Reparation to the problem of delivering justice through reparation programmes for women victims of sexual violence in conflict situations. It highlights that this civil society initiative is particularly significant because it gives voice to women and girls who are survivors of sexual violence. Placed in the context of the recent adoption by the United Nations' General Assembly of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the Nairobi Declaration redefines reparation and guides policy-making to implement the right to reparation specifically for victims of sexual violence. The concept of reparation as a transformative and participative process put forward in the Nairobi Declaration constitutes its most innovative and inspiring contribution.

Topics: Civil Society, Gender, Women, International Law, International Human Rights, International Humanitarian Law IHL, Justice, Reparations, Sexual Violence, SV against women Regions: Africa, East Africa Countries: Kenya

Year: 2007

Women in Post-Conflict Reconstruction: Dilemmas and Directions

Citation:

Cahn, Naomi. 2006. “Women in Post-Conflict Reconstruction: Dilemmas and Directions.” William & Mary Journal of Women and the Law 12 (2): 335.

 

Author: Naomi Cahn

Annotation:

INTRODUCTION

I. OVERVIEW OF POST CONFLICT TRANSITION

A. Problems in Establishing the Post Conflict Framework

B. Problems with Post Conflict Donor Aid and Special Needs of Women

II. DDR PROGRAMS

A. Deconstructing DDR Programs

B. Reconstructing DDR Programs

1. Redesigning DDR Programs with Gender Centrality

2. Reconceptualizing DDR

III. GENDERED LAWS

A. The Scope of the Problem

B. International Law and Violence Against Women

C. Additional Means of Justice

D. The Need for Domestic Reforms Regarding Women’s Rights and Status

1. Developing a Model Statute

2. Changing Existing Law

3. Implementation

a. Gender-Sensitive Support

b. Gender-Sensitive Policies within the Legal System '

4. What Difference Does It Make: Why Change Domestic Rape Laws?

E. Rape Laws and Gender Equity

CONCLUSION

Topics: DDR, Gender, Women, International Law, International Criminal Law, International Humanitarian Law IHL, Justice, Transitional Justice, Post-Conflict, Post-Conflict Reconstruction, Sexual Violence, SV against women

Year: 2006

Pages

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