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

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

作者： Valérie V. Suhr
出版商： T.M.C. Asser Press
ISBN: 9789462654853
出版时间 December 2022
规格： Paperback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9789462654822

HKD 1,595.00

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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, 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.
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

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