Enforcement, exclusivity, and empathy: Evaluating the civilian immunity principle within international humanitarian and human rights law

This thesis takes a new look at one of the oldest and most widely acknowledged (if not followed) principles of international humanitarian law - the civilian immunity principle. Unfortunately, the civilian immunity principle is ignored in most modern conflicts, signaling that international humanitarian and human rights law may not be effective. Using feminist and gender theory, this thesis will explore the conflicts in Cote d'Ivoire, Afghanistan, and Nepal to determine why international law is ineffective in guaranteeing the civilian immunity principle. This thesis will conclude that the law is ineffective because of inadequate enforcement and because the exclusive nature of the law. It will determine that more focus on gender and empathy is needed to improve the effectiveness of the law of armed conflict.