Reimagining Justice for Gender Crimes at the Margins: New Legal Strategies for Prosecuting ISIS Crimes Against Women and LGBTIQ Persons (2018)

24 WM. & MARY J. WOMEN & L. 175

This article explores why prosecutions of gender-based crimes are necessary for building both peace and a just society. It also provides an analysis of three forms of gender persecution as crimes against humanity committed by ISIS: persecution based on gender roles, dress, and behavior. These forms of gender persecution are underlying ISIS's crimes of rape, torture, and murder. The article also discusses two provisions under the Rome Statute for prosecuting gender based crimes, specifically gender-based persecution as a crime against humanity and torture as a war crime based on gender discrimination. Lastly, the article discusses why now is the right time to utilize these legal strategies.