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

Criminal Law › Human Rights

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

By Valérie V. Suhr
T.M.C. Asser Press December 2022

Specifications

ISBN-13
9789462654853
Publisher
T.M.C. Asser Press
Publication
December 2022
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Hardback

Details

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, particularly 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.

Table of Contents

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
Chapter 10. Anti-SGM Legislating as a Crime against Humanity

Part IV. Summary, Conclusion and Recommendations
Chapter 11. Summary, Factual Consequences, and Recommendations

Index
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