Document Type

Article

Journal Title

International Review of the Red Cross

Volume

922

First Page

465

Publication Date

2022

Abstract

Academics rarely raise the need to consider persons with disabilities when preventing,

investigating and prosecuting international humanitarian law (IHL) violations.

Worse still, no actual attempts have been made to include a disability perspective

into practical guidance and monitoring mechanisms. This article addresses that

void by laying out how existing yet unutilized IHL obligations can be leveraged to

repress and suppress disability-based IHL violations. In doing so, the article will

detail how fact-finding approaches, criminal investigative processes and reporting

methods for IHL violations can be inclusive of persons with disabilities and thus

more appropriately address the endemic under-representation of a disability

perspective in the planning and execution of military operations during armed

conflict and the specific crimes they thereby suffer. Additionally, this article will

articulate concrete changes that should be made to international criminal law

procedures for prosecuting war crimes to provide recognition and accountability for

disability-based IHL violations, as has been done for violations against women and

children. Finally, this article will diagnose the state of the law to address any legal

challenges or hurdles that may hamper the inclusion of a disability perspective in

fulfilling the IHL obligation to reduce and address violations of humanitarian law.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.