Investigative and Charging Considerations for International Crimes Targeting Individuals on the Basis of Sexual Orientation and Gender Identity (2022)

JICJ (2022) 911–942

International crimes targeting persons based on their sexual orientation and gender identity have been documented since at least the Nazi persecution and murder of LGBTIQ+ persons in World War II, and continue in modern campaigns by ISIS in Iraq, among other places. Yet few, if any, perpetrators have ever been held accountable for such crimes, and there remains a dearth of specialized practical guidance for investigators or prosecutors. Attempting to fill this gap in scholarship and practice, this article outlines the legal basis for possible crimes under the Rome Statute of the International Criminal Court (ICC) as well as investigative and prosecutorial guidelines for them.