Bridging the gap between policy and practice on the ground: Strengthening IHL compliance through gender-sensitive decision-making on the operational and tactical levels

Abstract In recent decades, States and military alliances have increasingly incorporated gender-sensitive perspectives into policy and doctrine. These developments, however, often fail to go beyond the strategic and policy levels. They lack gender mainstreaming on the operational and tactical decision-making levels, especially in the context of kinetic operations and targeting. Additionally, gender considerations are perceived not as being relevant for compliance with international humanitarian law (IHL) but mainly as a means of advancing strategic goals. This article argues that incorporating a nuanced understanding of gender-specific impacts of armed conflict into the conduct of hostilities is vital for States’ compliance with IHL. Gender is not merely one of many lenses through which IHL can be interpreted; rather, it is shown that with today’s knowledge and capabilities, a gender-sensitive lens in military decision-making on all levels is indispensable for the meaningful implementation of IHL principles. This is illustrated through the three core principles of distinction, proportionality and precaution. Understanding the importance of gender considerations for the implementation of IHL can subsequently bridge the gap between high-level policies and the operational and tactical realities that are currently falling short of incorporating gender perspectives.