Rainbow Jurisdiction at the International Criminal Court: Protection of Sexual and Gender Minorities Under the Rome Statute

Author: Valerie V. Suhr
Publisher: T.M.C. Asser Press
ISBN: 9789462654822

Published In: December 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789462654853

RM861.30

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Description
Contents

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This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court.

Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particular the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality.

The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist.

Chapter 1. Introduction

Part I. Factual and Legal Background

Chapter 2. Reality

Chapter 3. Interpretation of the Rome Statute

Part II. Persecution of Sexual and Gender Minorities as a Crime against Humanity

Chapter 4. Contextual Element

Chapter 5. The Crime against Humanity of Persecution

Chapter 6. Gender-Based Persecution of Sexual and Gender Minorities

Chapter 7. Persecution on "Other Grounds that Are Universally Recognized as Impermissible under International Law"

Chapter 8. Political Persecution of Human Rights Defenders and Activists

Chapter 9. Key Findings of Part II

Part III. Anti-SGM Legislating as a Crime against Humanity