Dusting Off the Law Books on the Crime of Gender Persecution (May 30, 2023)
Just Security Online Forum on Gender Persecution Policy Series
The first in a series on the ICC’s Policy on the Crime of Gender Persecution, this post discusses the significant gap in the development of international criminal jurisprudence on gender persecution and how it led to the drafting of a gender persecution policy paper that was developed through an extensive year-long consultative process engaging governments, experts, civil society, affected communities and survivors.
The Weaponization of Prejudice: Security Council Meeting Acknowledges LGBTIQ Experiences in Conflict and Crisis (March 21, 2023)
In only the second time the UNSC has discussed violence against LGBTIQ people, the March ’23 Arria Formula Meeting took testimony from Colombia and Afghanistan on the effects of persecution on LGBTIQ individuals with US Ambassador Linda Thomas-Greenfield. The Ambassador comments that the UNSC needs to incorporate LGBTIQ persons’ human rights in carrying out its mandate. Many states agreed while others dissented stating that only “universally” accepted problems and identities should be discussed.
This is how we won a historic victory for women’s and LGBTIQ rights in international law (June 26, 2019)
Open Democracy
This essay discusses how the outdated definition of gender adopted from the Rome Statute was dropped from the final draft of the crimes against humanity treaty, affirming the rights of all people.
A Conversation with María Susana Peralta Ramón from Colombia Diversa (March 20, 2023)
In a conversation with Colombia Diversa’s Peace and Transitional Justice Coordinator, María Susana Peralta Ramón, this article discusses why transitional justice needs to account for queer experiences and why the definition of gender should include the LGBTQ and intersectional movements.
Will the new crimes against humanity treaty protect women and LGBTI persons? (September 21, 2018)
Open Democracy
This post documents the dangers of including the outdated definition of gender adopted from the Rome Statute in the crimes against humanity treaty.
Dusting off the Law Books on Gender Persecution: Element Two, Targeted Groups (July 14, 2023)
Public International Law & Policy Group (PILPG) Expert Roundtable
Experts examine groups targeted with gender persecution under element two of the Rome Statute. Speakers also explore how gender criteria imposed by perpetrators are used to regulate every aspect of life, determining the extent of individuals’ freedom of movement, their reproductive options, who they can marry, where they can work, how they can dress, and whether they are simply allowed to exist. Speakers include: Victor Madrigal, UN Special Rapportuer on Sexual Orientation and Gender Identity, Patricia Sellers, ICC Special Adviser on Slavery Crimes, and Professor Valerie Oosterveld.
Dusting off the Law Books on Gender Persecution: Element One, Fundamental Rights (June 27, 2023)
Public International Law & Policy Group (PILPG) Expert Roundtable
Experts discuss the severe deprivation of fundamental rights under element one of the Rome Statute through a comparative perspective, focusing on conflicts in Afghanistan and Colombia as examples. Speakers outlined what constitutes a severe deprivation of a fundamental right and how such crimes highlight the longstanding structural discrimination women, girls and LGBTQI+ persons experience. Speakers include: Richard Bennet, the UN Special Rapporteur on the situation of Human Rights in Afghanistan; Ana Elena Abello Jiménez, Legal Officer, the Special Jurisdiction for Peace (Colombia); and Emily Kenney, a Policy Specialist, Rule of Law and Transitional Justice at UN Women.
Dusting off the Law Books on Gender Persecution: Why a Policy on the Crime against Humanity of Gender Persecution? (May 26, 2023)
Public International Law & Policy Group (PILPG) Expert Roundtable
Panelists discuss the development and legal analysis of the ICC policy paper on the crime of gender persecution, including how it will guide the ICC Office of the Prosecutor and the ways governments and civil society can utilize the text in national and local settings. Speakers include: Michelle Jarvis, Deputy Head of the International, Impartial and Independent Mechanism (Syria) (IIIM); René Urueña, Professor of Law at Universidad de Los Andes (Colombia); and Dr. Yvonne Dutton, Professor of Law at the Indiana University Robert H. McKinney School of Law.
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.
American Society of International Law (ASIL)’s Women in International Law Interest Group (WILIG) Online Event, Gender Persecution Policy (April 17, 2023)
Panelists discuss the importance of the ICC policy paper on gender persecution and its implication on future conflict investigations and justice mechanisms. Speakers include: Karim Khan, ICC Prosecutor; Ana Elena Abello Jiménez, Special Jurisdiction of Peace (JEP), Colombia; Beth Van Schaack, US Ambassador-at-Large for Global Criminal Justice; Jessica Stern, US Special Envoy for the Advancement of the Human Rights of LGBTQI+ Persons; and Lisa Davis, Associate Professor of Law, CUNY Law School and Special Advisor on Gender Persecution to the ICC Prosecutor.