Conflict, Displacement, and Denial: A Legal Analysis of the Violation of Rights of Women and Girls in War-Affected Regions Post-2020.

This paper aims at exploring the consequences of armed conflict in war affected regions post 2020 are gendered, with a special focus on the worst affected areas of Afghanistan, Ukraine and Gaza. Women and girls are known to be affected disproportionately during conflict and are often the first casualties of war. They have a lot more to lose, ranging from their dignity, their hygiene, displacement, loss of education, healthcare and their livelihoods while being subjected to sexual violence while not having any say in the political aspects of their nation when they are the one being affected by war the most. The research highlights how war amplifies traditional gender roles and patriarchal systems and completely dismantles gender rights, using legal case references, data from international organizations like United Nations and International Criminal Court and documented violations of human rights laws including the CEDAW, Geneva Conventions, and the Rome Statute.  It evaluates how women were not sufficiently protected and empowered during wartime by both national and international governments. The study also assesses how grassroots initiatives by international organizations such as UN Women can ensure gender justice and lessen the effects of war. This study offers a legal and humanitarian understanding of the status of women in ongoing conflicts through doctrinal research and the examination of primary and secondary sources. It ends with compelling recommendations for immediate reform.

Keywords: War, Women’s Rights, Sexual violence in wartime, Taliban war, Gaza war, Ukraine vs Russia war, wartime gendered violence. 

Method of Research- 

This study employs a doctrinal methodology and focuses on the qualitative analysis of secondary literature like the UN reports, scholarly journals, and NGO publications as well as other  primary legal sources like the international treaties, numerous case laws, and various  convention). It examines how modern legal frameworks, such as the Rome Statute, CEDAW, Geneva Conventions, and UNSCR 1325, are  violated and applied in conflict areas especially in the case of women. The  regression that women experience in Afghanistan, Ukraine, and Gaza socially and politically is further supported by empirical data from UNHRC declarations, UN Women reports, and academic studies. The argument gains more legal weight when case laws are cited, such as the European Court of Human Rights’ ruling on Russia and the ICC’s warrants against Taliban leaders.

We are on the brink of World War III. How must one come to that conclusion? One of the most obvious telltale signs of a nation  at the precipice of collapse and war, is when the women’s rights in that nation is pushed back a few decades. The first casualties of war are always the women and children. According to history  they pay the most difficult price as victims of war crimes.  The war has a tendency of amplifying traditional gender roles. “While bombs and missiles kill men and women indiscriminately, other aspects of war affect women and girls disproportionately.” According to an interview conducted in Iran during 1991, the men’s duties in the household did not change during warlike situations, however the duties of women expanded further to help the family survive on a daily basis, like securing firewood or water for their families. During war, the vulnerable sections of society get affected the most in terms of employment or reduction in wages, and divorced women and widows make the most of them. Aside from that, pregnant women fall victim to a lack of proper maternal health which increases maternal and infant mortality rates. Women are getting raped, contracting harmful sexually transmitted diseases and losing the autonomy of their own bodies and lives. My paper will help shed a light on all the ways society has failed women, while rich political powers fight to dominate the world.  It is already a miracle if women have equal rights in stable and peaceful societies, but war only exacerbates the effects of these insecurities and inequalities. Now that the world teeters on the brink of more wars and conflicts between nations aside from the already existing ones in Afghanistan, Ukraine, Iran and Gaza, we can see women from around the nation feeling insecure about their safety and rights and their fear continues to grow seeing the women in Afghanistan already perishing from the Taliban dominance where their rights and security has been erased, and lie in the hands of a a dangerous patriarchal structure. It is not  long before they come for our mothers, our daughters, you and me. Therefore, addressing the moral, social, and legal shortcomings that continue to make women the most vulnerable during times of war is not only relevant, but also essential. It’s no more about who wins, but about saving the ones who have already lost. 

Afghanistan:

 In August 2021, Afghanistan was ranked the lowest when it came to gender equality. After the Taliban invasion, Afghanistan is currently in the world’s most severe women’s rights crisis. In 1950’s Afghani women were employed in any sector they wanted to be in, nursing, medicine, law and many more. In the 1964 and 1977 constitution, women rights and freedom were mentioned, they were part of many political partnerships. Women were part of the cabinet of Mohammad Zahir Shah. Nearly 40 percent of the country’s medical staff was women during 1994. Taliban’s return to power in 2021, marked one of the worst setbacks to women rights. Women are banned from receiving secondary education, women are  removed from public sector jobs, the ‘burkha’ system is  enforced, and women are not allowed to leave the house without a male accompaniment when travelling more than 77 kilometres. They have directly targeted the autonomy of women, rights, and daily lives of women and girls. In January of this year, ICC issued multiple warrants against the infamous Taliban leaders Hibatullah Akhundzada and Abdul Hakim Haqqani for crimes against humanity, gender persecution. It was issued under article 7(1)(h) of the Rome Statute. 

Such regression not only marks a world wide state of crisis and raises alarm bells of the state of the world we are in, but also is a violation of international legal charters that are binding. The UN Women’s 2024 Afghanistan Gender Index developed with the support of the European Union confirmed that the country was alarmingly behind on gender equality and women. empowerment. 

Ukraine- 

At the start of 2022, feminist groups and women’s organisations in various cities of Ukraine, held marches on the day of World Women’ s Rights Day on March 8.  Nearly 8 million refugees were displaced, the majority of them were women and children. There were multiple allegations of rape and sexual assault against the Ukranian women by Russian forced, such cases have been documented by UN bodies and NGOs. Members of the  Independent International Commission of Inquiry on Ukraine told the UN Human Rights Council in Geneva that in the Kherson region, russian soldiers raped and sexually assaulted women ranging from the age 19 to 83. Family members were forced to stay in the adjacent room forced to hear the brutalities going on to their family.   Women around the country lost jobs and became vulnerable to trafficking. There were many legal violations due to this war like the Rome Statute of the ICC and most importantly, CEDAW General Recommendation No. 30, the states must protect women in conflict zones, the Ukrainian government has responsibilities under this. Representation of women in Ukrainian parliament had improved, having 21 percent seats in the parliament, however, “wartime centralisation” and the dominance of military decisions and voices have significantly reduced women’s influence in making national decisions. Despite seeing more progress since the genesis of war, there are many concerns regarding still rising like gender based violence, decrease of visibility of women in decision making, the economic hardships as women do unpaid care work for their families during displacement and the primarily responsible for it, not to mention the conservative backlash that might be imposed on women after war. On July 9, 2025 European Court of Human Rights held Russia guilty for using rape and sexual violations as weapons of war amounting to torture.

Gaza:

UN women have reported the gendered nature of this conflict. Families who lost the men of the household to war, sense a high sense of insecurity in terms of security, shelter, and hygiene. Sexual and gender based violence in common in Gaza, since the institutions established to protect the women have been broken down. Even so, local NGOs and international bodies like UNFOA have reported heightened domestic violence, early marriages and psychological trauma among the women. Gaza’s few hospitals for women and childbirth (Al Awda) were destroyed in the 2023 bombings which led to maternal and neonatal mortality rates.Nearly 50,000 pregnant women lacked access to basic maternal care during the 2021 attacks. Israeli attacks have damaged many medical facilities and hindered gynecological case which violate Article 12 of CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), which guarantees women’s right to healthcare without discrimination.

 From a legal standpoint, Israel has obligations under International humanitarian law and human rights law including Fourth Geneva convention and Convention on the Elimination of All Forms of Discrimination Against Women. Article 3 and 27 of Geneva Convention IV states to protect civilians and protect the honor of women  in armed conflict. These hold responsibilities to protect civilians, especially women and children from violence. There have been major violations raised at the UN Human Rights Council and the International Criminal Court. In 2021, the International Criminal Court raised an investigation  into the war crimes in the occupied Palestinian territories, including gender based violence. Although, no prosecution has been finalized as of 2025. 

Education: 

Since 2021, Taliban has enforced extreme restrictions on the education of women in Afghanistan. Taliban enforced their oppressive grip by not allowing women to take university entrance exams. School enrollment has plummeted, 30 percent of Afghan women have not even begun primary school. The situation is much worse for females with disabilities with an estimate of 80 percent unable to access education. “This relentless assault on girls’ education is not only a violation of their rights but also a deliberate attempt to erase their future, condemning generations of Afghan girls to a life of dependence.”      

The war  disrupted access to education due to various school closures, the destruction of infrastructure, and displacement of the natives. 

A large portion of the Ukrainian government’s budget has been given solely to defence. 

Girls and young women are especially vulnerable to educational loss, as history shows for e.g., Tajikistan civil war, 2005 Pakistan earthquake. There was high usage of alcohol and drugs among university students. Female international students faced discrimination and harassment during evacuation. The war has resulted in the forced departure or cessation of employment of numerous female scientists and researchers. Most of those displaced from Ukraine’s research sector are women. Prior to the war, women made up 44.7% of Ukraine’s research workforce; however, the war has seriously harmed this group, especially through infrastructure destruction and funding redirection.

The right to education was severely undermined in Gaza. Numerous girls schools which were operated by The right to education has been severely undermined. Numerous girls’ schools operated by UNRWA (United Nations Relief and Works Agency) have been bombed or converted into makeshift shelters. The Ministry of Education in Gaza has reported that hundreds of schools have been destroyed or are inoperable. Girls, especially adolescents, are often pulled out of school to help care for siblings or because of safety concerns, compounding cycles of poverty and illiteracy.Many schools  were bombed and got converted into makeshift shelters. The Ministry of Education Gaza has reported that thousands of schools in Gaza are inoperable and have been destroyed. Women and girls of families had to abandon their schooling to take care of their families during displacement which led to cycles of poverty and illiteracy. 

WHAT UN WOMEN IS DOING:

The International Criminal Court has opened numerous investigations into the war crimes committed in Afghanistan, Ukraine and Gaza. The violations of Rome Statute Article 7(1) (g) which includes rape and sexual violence are not going unnoticed. Especially by women organisations. 

UN Women’s support for Afghan women was immaculate. They remained active across all 34 provinces, ensuring their safety, livelihood and leadership. They prioritized their leadership with their initiative called, Rebuilding the Women’s Movement”.  It partners with over 200 women organisations across Afghanistan, Provides them financial aids, training and mentorships. Countries like Switzerland, Belgium, Canada, Denmark, Norway, Spain and Sweden find this initiative. 

 A strong example is Mehrgan, a woman leader in Kunduz Province, who restarted her organisation work with the helop of UN Women after it collapsed in 2022. Many women like Mehrgan were at the receiving end of sich attacks and bounced back with the help of UN Women. Even though international treaties like CEDAW and UNSC Resolution 1325 on Women, Peace, and Security set global standards, Afghanistan’s de facto authorities have destroyed the legal framework protecting women, making international humanitarian and civil society efforts vital.

“UN Women calls for an immediate humanitarian ceasefire, unconditional release of all hostages, and continuous, unimpeded humanitarian access to allow the entry and delivery of aid, including food, water, fuel, and medical supplies, at the scale required to meet the full needs of women and girls in the Gaza Strip.

9,000+ women have been reportedly killed by Israeli forces in Gaza to date

19,000+ women have been injured

3,000+ women may have become widows, and new heads of households, following their male partner’s death

10,000+ children may have lost their fathers

37 mothers are killed every day in Gaza

155,000 women in Gaza are pregnant or breastfeeding, with 5,500 expected to deliver in the next month”

Suggestions- 

  1. Establish UN Women Presence in Palestine: UN WOmen dont have any official presence in Israel, which restricts them from properly executing their humanitarian access in Gaza. There should be a push to establish the organisation in Palestine in light of recent events. 
  1. Enforcement of Internal law or strengthening the enforcement of existing legal mechanisms, along with greater compliance with the CEDAW General Recommendation No. 30 and Geneva Convention IV Articles 3 and 2 is a must. 
  1. Humanitarian aids to be distinct for women than other aids. Including menstrual kits, maternal care and child care during displacement. Funds should be distinctly kept only for maternal health. 
  1. Promote the participation of women in the process of peacebuilding (UNSCR 1325): 

    Gender quotas must be implemented, women’s rights activists must be protected, and female      leaders must have access to civic space. Suggest a different independent organisation to monitor the compliance of 1325 in UNSCR, issue warnings and provide sanctions. 

  1. During war-like situations, any gender based persecution should be handed directly to international organisations instead of the jurisdiction of the native country. Therefore, this ensures just trials and justice. 
  1. Independent bodies under the Ministry of Education specifically for war like situations who will prioritise the education of women and children displaced during war. They will provide for education through digital means to ensure literacy for everyone, especially girls. They will also help these women find employment. 
Conclusion

This paper shows that war is not just about nations fighting for political war and winning. It is much more than that. It is about the civilians who end up getting caught in the ceasefire. And worst of all, women usually get the short hand of the stick even in the worst situation imaginable. War not only strips them off their families, but also their entire lives, dignity, their education, their health. All such denial of rights of women under these regions amount to clear violation of international law and treaties. In afghanistan, Talbian and managed to erase decades of progress, Gaza has destroyed its maternal health and education insitutes and Ukraine has seen some of the worst cases of sexual violence upon women in war. Until we do something to protect our mothers, daughters, our women, the world has no hope of recovering and healing.