Gender, Conflict and International Humanitarian Law: A critique of the 'principle of distinction'

Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
List of acronyms
1 Introduction
	Overview of the research
	Central arguments
	Methodology and approach
		Breakdown of chapters
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Website
2 The principle of distinction
	A brief historical overview
	The principle of distinction
		The principle of distinction in international armed conflict
		Creating the categories: civilians and combatants
		The principle of distinction in non-international armed conflict
		Organised armed groups
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Websites
3 Women in conflict in Africa
	The diverse landscape of armed conflict in Africa
		A brief history
		Actors in African conflict
	New wars
		Women in new wars
		IHL in new wars
	Women in combat
		The scope for female participation in different types of conflicts
		Women in combat: the international picture
	Women in war in Africa
	Female fighters in the post-conflict period
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Media articles and websites
4 Gender and international humanitarian law
	A brief introduction to feminist theory
		Masculinity and militarism
		Views about women in combat
	Feminist critiques of International Humanitarian Law
		IHL’s gendered origins
		Protective provisions for women of limited use
		Formal equality in inherently unequal situations
		IHL’s focus on women as victims or mothers; the dangers of perpetuating stereotypes
		A gendered hierarchy implicit in the law
		The gendered nature of civilian immunity
		Proportionality and military necessity
	Feminist challenges to the legal situation
		International Criminal Law
		Women, peace and security
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Media articles
5 The divide between international and non-international armed conflicts: a precursory step to the application of the principle of distinction
	History of the divide between international and non-international conflicts
	Problems in the regulation of non-international armed conflicts
	What are IACs and NIACs in terms of the law?
		International armed conflicts
		Non-international armed conflicts
		The threshold of violence
	Distinguishing IACs and NIACs in practice
		Internationalised conflicts
		Transnational conflicts
		International terrorism
	The merging of the laws of IAC and NIAC
		Customary international humanitarian law
		International criminal law
		International human rights law
		Should the IAC/NIAC divide be retained?
	IAC/NIAC and the principle of distinction
	Notes
	Bibliography
		Books and articles
		Cases
		Other policy documents
		Media articles
6 Applying the principle of distinction to women in African war
	Women in state armed forces
		Women in regular armed forces/armies
		Women in irregular armed forces, ‘belonging to’ a state party
	Women in non-state armed groups
	Participation by those within the civilian population
	Conclusions from applying the law
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Media articles and websites
7 Does the principle of distinction serve women in modern conflict?
	The principle of distinction’s varied impacts on women
		The principle of distinction perpetuates stereotypes about women and victimhood
		Voluntariness
		Women, targeting and the principle of distinction
		The principle of distinction fails to protect women from those in their own groups
		Prisoner of war status and women
		Distinction and the post-conflict period
		Does the principle of distinction serve women?
	Notes
	Bibliography
		Books and articles
		Cases
		Treaties
		Other policy documents
		Media and websites
8 Conclusions
	The central themes of this work
	Rethinking the principle of distinction
	The way forward
	Implications of this research
	Notes
	Bibliography
		Books and articles
		Treaties
		Policy documents
Index