Persons entitled to special protection

384. The previous chapter examined the general protection of civilians from enemy attacks. The present chapter will deal with the special protection afforded by LOIAC to certain categories of persons, both civilians and combatants, ‘either because they are regarded as especially vulnerable or on account of the functions they perform’. It must be underscored that the special protection granted to selected subsets of civilians (e.g., women and children) 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 and in the prime of their life.

The different categories of beneficiaries

Women

385. A host of provisions are included in the Geneva Conventions and in Additional Protocol I, designed to safeguard the rights of women. 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 Geneva Convention (IV) – thereby excluding, preeminently, a Belligerent Party's own nationals – the latter text covers all women without exception.

386. Article 8(2)(b)(xxi) of the Rome Statute brands as a war crime outrages upon personal dignity. This comprehensive provision evidently covers male victims as well, but its main thrust is the protection of women. The perpetration of rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilizationor other forms of sexual violence constitutes a war crime under Article 8(2)(b)(xxii).