Persons entitled to special protection

The previous chapter examined the general protection of civilians from exposure to enemy attack. This section will deal with the special protection afforded by LOIAC to certain categories of persons, both civilians and combatants. It must be perceived that the special protection granted to selected subsets of civilians (e.g., women and children, or wounded and sick) does not detract from the general protection embracing all civilians. That is to say, it is unlawful to attack civilians even when they are male, healthy and in the prime of their life.

The different categories of beneficiaries

Women and children: A host of provisions are included in the Geneva Conventions of 1949 and in Additional Protocol I of 1977, with a view to safeguarding the rights of women and children. Thus, Article 27 (second Paragraph) of Geneva Convention (IV) offers women special protection against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault. This rule is reiterated in Article 76(1) of the Protocol. But whereas the former clause applies only to civilian women who are ‘protected persons’ in the sense of the Geneva Convention (IV) – thereby excluding, pre-eminently, the State Party's own nationals – the latter text covers all women without exception.

Children, too, are protected against any form of indecent assault in accordance with Article 77(1) of the Protocol. The prohibition of indecent assault encompasses rape and other sexual attacks against children (particularly, albeit not exclusively, girls).

Committing rape, sexual slavery, enforced prostitution and related acts constitutes a war crime, as defined by Article 8(2)(b)(ⅹⅹⅱ) of the Rome Statute of the International Criminal Court.