Between Outdated Morality and Evolutive Interpretation: The Concept of 'Honour' under Article 27(2) of the Fourth Geneva Convention

Abstract

This paper focuses on Article 27(2) of the Fourth Geneva Convention concerning the prohibition of sexual violence against women in armed conflict. One specific aspect of the norm is particularly controversial: the term “honour” as an allegedly obsolete concept related to an outdated view of female morality. This paper investigates whether the criticisms to the concept of honour have a merely symbolic-linguistic value or whether they also have a legal relevance in terms of impact on the effective protection of women from conflict-related sexual violence. To this end, interpreting the term “honour” in a gender-oriented way sheds light on the question whether the gendered limits of the norm may be overcome in order to better protect women from conflict-related sexual violence. Since sexual violence usually implies a gendered character, the analysis of Article 27(2) also contributes to reveal significant aspects on the conception of women under IHL in general. Ultimately, it is claimed that the term “honour” raises complex symbolic issues. However, the legal analysis of the concept suggests that it is possible to interpret it in an evolutive manner in so to give the term a meaning that accommodates gender-sensitive concerns.