Rainbow Jurisdiction at the International Criminal Court: Protection of Sexual and Gender Minorities Under the Rome Statute

This book examines whether the worst human rights violations directed at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. It 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.

Format: Paperback / softback
Length: 400 pages
Publication date: 15 December 2022
Publisher: T.M.C. Asser Press

This comprehensive book delves into the examination of whether the most severe human rights violations targeted explicitly at sexual and gender minorities can be considered punishable under international criminal law, as outlined in the Rome Statute of the International Criminal Court. By drawing upon general rules of interpretation, the evolution of human rights for sexual and gender minorities, and the societal construction of gender, this monograph unveils that the most heinous crimes perpetrated against individuals due to their sexual orientation or gender identity can indeed qualify as crimes against humanity, particularly the offense of persecution under Article 7(1)(h). Furthermore, it demonstrates how legislators can be held individually criminally accountable for enacting laws that criminalize consensual same-sex sexuality.

Not only does this book make a substantial and pioneering contribution to the literature, but it also holds immense relevance for international criminal law practitioners, as no cases related to this topic have yet been brought before the courts. Dr. Valérie V. Suhr currently serves as a trainee lawyer in the district of the Koblenz Court of Appeal in Germany.

Weight: 635g
Dimension: 235 x 155 (mm)
ISBN-13: 9789462654853
Edition number: 1st ed. 2022