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


ISBN13: 9789462654839
Published: December 2021
Publisher: T.M.C. Asser Press
Country of Publication: Netherlands
Format: eBook (ePub)
Price: £119.50
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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, particular 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.

Subjects:
Human Rights and Civil Liberties, International Criminal Law, eBooks
Contents:
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