Gender Stereotypes and Armed Conflict - A Study of the Repercussions for International Justice

Sammanfattning: Sites of armed conflicts are complex environments in which experiences of men and women differ considerably. Consequently, it is necessary to maintain a nuanced understanding of the interactions between gender and armed conflict in order to provide protection, accountability and redress for women and men equally. An understanding of the gendered components of armed conflict allows international law to be an authoritative instrument in addressing systematic gender inequalities. Scholars argue that the laws governing armed conflict are archaic and reinforce gender stereotypes and patriarchal structures. Two of the most controversial gender stereotypes concern the “active” male perpetrator and the “passive” female victim. These stereotypes build on pre-existing gender roles that lead to assumptions about men and women’s roles in armed conflict. Namely, women are passive, peace loving and subordinate - they do not take part in combat. Men are active, violent and dominant - they are not victims of sexual violence. The purpose of this paper is to explore whether these gender stereotypes obstruct international justice. It maps prevalent male and female gender stereotypes and examine whether the international law community, i.e. treaty drafters, jurists and scholars, reinforce these gender stereotypes. Finally, it examines the effects of these gender stereotypes on the international commitments to equally protect women and men during armed conflicts. More specifically, it looks at two groups that allegedly have been placed at the periphery of international law due to prevailing gender stereotypes. Specifically, it looks at female combatants and male victims of sexual violence and their access to justice, redress and rehabilitation.