Women’s rights : the potential impact of private military and security companies

Abstract

Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. While international humanitarian law (IHL) has dedicated or ‘special’ provisions for women, feminist legal scholars have done much to expose the gendered nature of this branch of international law. In recent decades, the United Nations’ campaign of mainstreaming of women’s issues has impacted significantly on relevant human rights law (HR Law), and the International Committee of the Red Cross (ICRC) has actively sought to investigate and address women’s concerns. However, there has been limited flow through of these efforts in the sphere of private military and security companies (PMSCs). This report provides but an overview of the main issues and legal concerns raised by the impact of the privatisation of war on women during military engagements. It is divided into four parts. Part I highlights how armed conflict and occupation generally 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 IHL and HR provisions in this field. Part III examines recent developments within the United Nations (and its members states), the work of the ICRC, and international criminal law jurisprudence shaping these existing protections. Part IV in conclusion considers the relevant Montreaux Document provisions in the light of these developments.