In armed conflicts, women can be deprived of their liberty for reasons that are either directly related to the conflict or that have nothing to do with it; they can be held in custody for ordinary crimes unrelated to the hostilities, whether committed prior to or during the armed conflict. But the issues raised by the detention of women rarely feature in public discourse or articles on women and war. Media images of detainees usually portray men languishing behind bars or barbed wire. Yet the ICRC visits and has registered several thousand women (and girls) detained in relation to armed conflict and internal disturbances. The perception by public opinion of women in detention was once eloquently summed up by an ICRC doctor: “There is one category of detainees which is seldom mentioned — women. They do not fit the typical image of a prisoner. They are not “real prisoners”.
This article aims to highlight some of the main factors particularly affecting female detainees, and the international rules and standards that afford them protection. In view of the often serious plight of women detainees, every effort must be made to ensure that the guarantees established by international humanitarian law to protect them are duly implemented and respected. Better conditions of detention and the protection of women from all forms of ill-treatment can, and must, become a reality. It is the obligation and responsibility of the detaining authorities and the parties to hostilities to make sure that this is accomplished.
As this article illustrates, there is no lack of international law or instruments designed to protect women deprived of their liberty. That the situation of women is not better is instead due to a lack of implementation of – and respect for – the existing law and standards in relation to armed conflicts and internal disturbances.
©ICRC
