ABSTRACT

This chapter argues that there are also negative consequences for women that stem from this – effects that are indirect and more difficult to identify. It examines these effects, considering the many ways in which the principle of distinction impacts on women: positive and negative, direct and indirect, evident and implied. There are negative consequences to the law's entrenching perceptions about women as victims of conflict. The law's failure to adequately incorporate female participation affects the ways in which society understands the contributions of women to armed struggles. A framing of the principle that prevents women from being recognised as combatants or direct participants, perpetuates the view that women are not active participants in conflict – instead, promoting the notion that most women are victims. It is therefore not that forced recruitment is ignored by law – rather, questions of voluntariness are disregarded by the principle of distinction.