FROM FEMALE MORALITY TO HUMAN DIGNITY: AN EVOLUTIVE INTERPRETATION OF ‘HONOUR’ UNDER ARTICLE 27(2) OF THE FOURTH GENEVA CONVENTION

• Published in: The International and comparative law quarterly Vol. 73; no. 2; pp. 527 - 542
• Main Author: Marconi, Rachele
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01.04.2024
• Subjects: Dignity; Gender-based violence; Geneva Conventions; Honour; Human dignity; Humanitarian law; International law; Morality; Rape; Rape as a weapon of war; Sexual violence; Shorter Articles; Termination; Treaties; Violence against women; War; Women; ITALY; conflict-related sexual violence against women; honour; human dignity; public international law; Fourth Geneva Convention; international humanitarian law; evolutive interpretation
• ISSN: 0020-5893; 1471-6895
• DOI: 10.1017/S0020589324000101

This article suggests a new interpretative framework for Article 27(2) of the Fourth Geneva Convention, which prohibits sexual violence against women in armed conflict. One specific aspect of this norm is particularly controversial: the notion of ‘honour’ has often been criticised as an obsolete concept linked to an outdated view of female morality. In the absence of a definition of the term, this article examines whether the gendered limitations of the norm can be overcome and the extent to which an evolutive interpretation of the concept is feasible. It argues that the concept of ‘honour’ can be treated as a generic term that is subject to evolutive interpretation, allowing for a renewed and gender-sensitive understanding to be developed, aligned with the concept of human dignity.