CEDAW/C/GC/30
C.
Complementarity of the Convention and international
humanitarian, refugee and criminal law
19. In all crisis situations, whether non-international or international armed
conflict, public emergencies, foreign occupation or other situations of concern such
as political strife, women’s rights are guaranteed by an international law regime that
consists of complementary protections under the Convention and international
humanitarian, refugee and criminal law.
20. In situations that meet the threshold definition of non-international or
international armed conflict, the Convention and international humanitarian law
apply concurrently and their different protections are complementary, not mutually
exclusive. Under international humanitarian law, women affected by armed conflicts
are entitled to general protections that apply to both women and men and to some
limited specific protections, primarily protection against rape, forced prostitution
and any other form of indecent assault; priority in the distribution of relief
consignments to expectant mothers, maternity cases and nursing mothers in
international armed conflict; detention in separate quarters from men and under the
immediate supervision of women; and protection from the death penalty for
pregnant women or mothers of dependent or young children.
21. International humanitarian law also imposes obligations upon occupying
Powers that apply concurrently with the Convention and other international human
rights law. International humanitarian law also prohibits a State from transferring
part of its own civilian population into the territory that it occupies. Under
international humanitarian law, women under occupation are entitled to general
protections and the following specific protections: protection against rape, forced
prostitution or any other form of indecent assault; free passage of consignments of
essential clothing intended for expectant mothers and maternity cases; safety or
neutralized zones that may be established to shield the civilian population, including
in particular expectant mothers and mothers of children under 7 years of age; and
detention in separate quarters from men and under the immediate supervision of
women. Women civilian internees must receive sanitary conveniences and be
searched by women.
22. The provisions of the Convention prohibiting discrimination against women
reinforce and complement the international legal protection regime for refugees and
displaced and stateless women and girls in many settings, especially because
explicit gender equality provisions are absent from relevant international
agreements, notably the 1951 Convention relating to the Status of Refugees and its
1967 Protocol.
23. Under the Convention, States parties’ obligations to prevent, investigate and
punish trafficking and sexual and gender-based violence are reinforced by
international criminal law, including jurisprudence of the international and mixed
criminal tribunals and the Rome Statute of the International Criminal Court,
pursuant to which enslavement in the course of trafficking in women and girls, rape,
sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any
other form of sexual violence of comparable gravity may constitute a war crime, a
crime against humanity or an act of torture, or constitute an act of genocide.
International criminal law, including the definitions of gender-based violence, in
particular sexual violence, must also be interpreted consistently with the Convention
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