6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW 6.1 Sexual Violence under International Humanitarian Law The prohibition of sexual violence as a war crime under international humanitarian law finds articulation in the 1949 Geneva Conventions and the 1977 Additional Protocols. The key provisions are:  Under Common Article 3, paragraph 4, of the 1949 Geneva Conventions, States must ensure that women civilians are granted fundamental guarantees, including the prohibition against “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture . . . outrages on personal dignity, in particular humiliating and degrading treatment”.  Article 27 of Geneva Convention IV provides, in part, that “[w]omen shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any form of indecent assault”.  Article 76.1 of Protocol I adds: “Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault”. Since the Geneva Conventions codify the laws of war, they may only be invoked in relation to alleged war crimes. States may set up or authorise national or international courts, commissions or arbitration institutions to adjudicate upon claims of violation of the Geneva Conventions and agree to abide by their decisions. IHL has been criticised as inherently discriminatory and a legal regime that prioritises male combatants – and often either relegates women to the status of victims, or accords them legitimacy only in their role as child-rearers. Of the 42 specific provisions relating to women within the Geneva Conventions and their 1977 Additional Protocols, almost half deal with women in their roles as expectant or nursing mothers.202 6.2 Inter-state Cases Using Humanitarian Law While there have been several cases between States that claim violations of the Geneva Conventions in international courts, cases that consider sexual violence are rare. One such case is the Eritrea Ethiopia Claims Commission (EECC) set up under the Permanent Court of Arbitration (PCA). 203 The Commission was established and operates pursuant to Article 5 of the Agreement signed in Algiers on 12 December 2000 between the Governments of the State of Eritrea and the Federal Democratic Republic of Ethiopia (the “December Agreement”). The Commission was directed to “decide through binding arbitration all claims for loss, damage or injury by one Government against the other, and by nationals (including both natural and juridical persons) of one party against the Government of the other party or entities owned or controlled by the other party that are (a) related to the conflict that was the subject of the Framework Agreement, the Modalities for its Implementation and the Cessation of Hostilities Agreement, and (b) result from 202 Gardam, J. and Jarvis, M. ‘Women, Armed Conflict and International Law, Kluwer Law International, 2001; see also the review of this book in Helen Durham, ‘Women, armed conflict and international law’, in International Review of the Red Cross, vol. 84, no. 847, September 2002, p. 655. 203 The Permanent Court of Arbitration (PCA) is an intergovernmental organization with over one hundred member states. Established in 1899 to facilitate arbitration and other forms of dispute resolution between states, the PCA has developed into a modern, multi-faceted arbitral institution that meet the rapidly evolving dispute resolution needs of the international community. The PCA provides services for the resolution of disputes involving various combinations of states, state entities, intergovernmental organizations, and private parties over issues encompassing territorial, treaty, and human rights disputes between states; as well as commercial and investment disputes, including disputes arising under bilateral and multilateral investment treaties. See: http://www.pca-cpa.org/showpage.asp?pag_id=1027. REDRESS | 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW 57