Memo to Interested Partners Concerned About the U.S. Response to UPR Recommendations on U.S. Abortion Restrictions
U.S. Domestic Obligations Under Common Article 3 of the Geneva Conventions Conflict with U.S. Abortion Restrictions on Humanitarian Aid for Female War Rape Victim
Female war rape victims, civilians and servicewomen are persons “wounded and sick in armed conflict” with inalienable and universal rights to be provided comprehensive medical care based solely on their condition, in all circumstances, (irrespective of national law) and with no adverse distinction based on sex (meaning that the outcome of medical care for a female victim of war rape “can be no less favorable” than for a male victim of war rape).1 Further, the denial of abortion services to female victims of war rape in humanitarian medical facilities can constitute an independent breach of the prohibition on torture and inhumane treatment under common Article 3 of the Geneva Conventions.2
The fundamental humanitarian law issue raised by the U.S. abortion ban, is not that there is a “right to abortion” (or any other specific treatment) under the Geneva Conventions, but rather that the right of female war rape victims to have access to all the medical care required by their condition, without adverse discrimination on the basis of sex, prohibits the omission of life and health saving abortion services.