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over 458 incidences that evidence gender persecution
learn moreThe Observatory consolidates data and research on violence and other rights violations committed on the basis of gender during recent and past conflicts and atrocities, and analyzes how they may amount to gender persecution. The below shows places for which the observatory has collected its own data or consolidated existing information.
At the turn of the twentieth century, a devastated Germany began promulgating an antisemitic, racist, sexist and homophobic ideology under the direction of the Nazi party. High-ranking Nazi officials denounced homosexuality as “a dangerous and infectious plague” that perpetuated “womanish emotionalism” and should be met with “barbaric severity.” Women in politics were seen as “disgraceful aberrations” and were told that “only a man must be and remain a judge, soldier, and politician.” Masculine-perceived women and trans men were seen as threatening in their gender nonconformity, which was believed to lure women away from their assigned roles, endangering the birth rate. Nazi members also interwove racism and homophobia. For example, some viewed homosexuals as “racial degenerates” stemming from the “evil propensities of the Jewish soul.”
learn moreThe International Criminal Tribunal for the former Yugoslavia (ICTY) maintained the same persecutory categories as the post-Second World War Charter of the International Military Tribunal, which established persecution based on political, racial and religious grounds. While gender persecution was not officially included as a charge, case law discussions of perpetrators’ crimes provide the groundwork for an understanding of gender persecution under international criminal law. For example, Čelebići, Kvočka, and Kunarac that point to gender and ethnicity as discriminatory grounds.
learn moreThe International Criminal Tribunal for Rwanda (ICTR) adopted the persecutory categories from the World War II Military Tribunal, but expanded them to include ethnic and national grounds. Similar to the International Criminal Tribunal for the Former Yugoslavia (ICTY), while persecution based on gender was not included in the ICTR Charter, discussions regarding how transgressing gender regulations imposed by perpetrators may serve as the underlying basis for crimes, provides building blocks for understanding gender persecution under international criminal law.
learn moreThe Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, or JEP) in Colombia broke new ground by charging the armed forces with gender persecution and other crimes against an LGBTQI+ person. On July 5, 2023, the JEP published another decision charging former FARC-EP members with crimes against humanity of gender persecution, as well as racial and ethnic persecution, and noted that these persecution grounds intersected in many cases. It is the first mechanism to create international precedence for the crime against humanity of persecution on the basis of gender.
learn moreover 606 incidences that evidence gender persecution
The Extraordinary Chambers in the Courts of Cambodia (ECCC) has heard testimony from victims who were targeted with discrimination based on gender. In one case, during the Khmer Rouge reign, a trans woman was forced to marry a cisgender woman and monitored by soldiers to consummate her forced marriage. According to testimony, other trans persons committed suicide to escape forced marriage or were shot to death by soldiers.
learn moreOn October 31, 2022, the International Criminal Court (ICC) authorized the ICC Prosecutor to resume the investigation into alleged crimes in Afghanistan. Since their takeover in August 2021, reports have documented Taliban members committing acts of murder, torture, sexual violence and other inhumane acts targeting women, girls, and LGBTQI+ people. Taliban policies deprive Afghans of fundamental rights on the basis of gender, such as the right to education, to work, and to freedom of movement, expression and peaceful assembly, among others.
learn moreover 458 incidences that evidence gender persecution
In September 2019, the International Criminal Court (ICC) confirmed charges of gender persecution in Prosecutor v. Al Hassan. The trial against Al Hassan Ag Abdoul Aziz, a high-ranking administrator of the Islamic Police in Timbuktu, began in July 2020. Submitted evidence related to gender persecution includes, for example, the fact that women in Timbuktu, Mali living under the control of Al Qaeda in the Islamic Maghreb (AQIM) were forced to wear full-face covering veils, and were prohibited from interacting with men to whom they were not married or related to.
learn moreThe Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD) is an investigative team that supports domestic efforts to hold ISIL in Iraq accountable. UNITAD has reported to the UN Security Council multiple times on persecution, including crimes committed against LGBTQI+ persons. Since 2014, ISIL has imposed discriminatory gender regulations on social behavior, torturing and killing those who have transgressed its oppressive gender policies.
learn moreover 497 incidences that evidence gender persecution
The International, Impartial and Independent Mechanism (IIIM)’s purpose is to assist in the investigation and prosecution of the most serious crimes in the Syrian Arab Republic (“Syria”). The IIIM Gender Strategy includes strong statements about the importance of using the gender persecution framework to overcome historical silences. Advances such as the recognition of persecution on the basis of gender within legal frameworks are assisting its work. The HRGJ Clinic of CUNY Law School holds a formal agreement with the IIIM to share information about gender crimes that may amount to persecution committed by ISIL fighters.
learn moreThe UN Human Rights Council created the Group of Eminent Experts on Yemen in 2017 to examine human rights violations committed since 2014. The Experts Group reported that patriarchal gender attitudes marginalizing women and girls and discriminating based on sexual orientation and/or gender identity, are prevalent among all perpetrators within the conflict. The Experts Group also reported that the Houthis and Security Belt Forces committed acts of discrimination and violence based on sexual orientation and gender identity between 2016 and 2020.
learn moreThe UN Human Rights Council established the Independent International Fact-Finding Mission on the Islamic Republic of Iran in November 2022 to investigate human rights abuses committed in Iran, especially against women and girls. In April 2023, state authorities announced a repressive enforcement of Iranian hijab laws. This enforcement subjects women and girls who fail to comply with restrictive and punitive measures.
learn moreIn March 2017, the UN Human Rights Council established the Independent International Fact-Finding Mission on Myanmar (IIFFMM) to document alleged human rights violations by the Myanmar military and security forces in Myanmar, especially during “clearance operations” carried out in the Rakhine State. For example, the IIFFMM report found that the sexual violence against transgender people, as members of the Rohingya civilian population in Rakhine State, amounted to the crimes against humanity of torture, rape, other inhumane acts and persecution as part of the widespread and systematic attack against the Rohingya civilian population.
learn moreIn 2014, UN Human Rights Council’s Commission of Inquiry on the Democratic People’s Republic of Korea (DPRK) issued a report concluding that gender persecution was occurring in the DPRK, in addition to other crimes against humanity. At the conclusion of the Commission of Inquiry, the DPRK Accountability Project was created under the UN Office of the High Commissioner for Human Rights (OHCHR) to follow up on the reports of widespread and gross human rights violations.
learn moreThe UN Human Rights Council established the Independent International Commission of Inquiry on Ukraine in March 2022 to investigate alleged violations and abuses of human rights, violations of international humanitarian law and related crimes in the context of the aggression against Ukraine by the Russian Federation. The Commission has produced reports covering a wide range of violations and alleged crimes in Ukraine, largely committed by Russian armed forces, and some by Ukrainian forces, including torture, rape and sexual violence that may amount to gender persecution.
learn moreover 148 incidences that evidence gender persecution
The Independent Fact-Finding Mission on Libya (FFM) was established by the UN Human Rights Council in June 2020 to document alleged violations and abuses committed since 2016 in Libya, including gendered dimensions of those abuses. In its 2021 report, the FFM documented instances where rights activist were abducted and subsequently subjected to sexual violence to deter them from participating in public life.
learn moreIn October 2023, the UN Human Rights Council established the Independent International Fact-Finding Mission for the Sudan for Sudan to investigate alleged human rights violations and violations of international humanitarian law in the context of the ongoing armed conflict that started in April of 2023 between the Sudanese Armed Forces and the Rapid Support Forces, as well as other warring parties.
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