Rainbow Jurisdiction at the International Criminal Court

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.

Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany

First time the protection of sexual and gender minorities under the Rome Statute has been analyzed comprehensively Uses case groups of the most common kinds of violence against sexual and gender minorities, showing the legal arguments Both sexual orientation and gender identity are discussed regarding all aspects in law, politics and society

Inhalt

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.