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

ISBN-13: 9789462654822 / Angielski / Twarda / 2021 / 418 str.

Valérie V. Suhr

Opis

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

Recenzje

"An impressive contribution to a growing body of scholarship on the protection and advancement of LGBTQIA+ rights. Suhr succeeds in her aim ... and her book answers this in the affirmative through a well-evidenced, persuasive and legally sophisticated argument. Suhr's legal analysis and level of detail is robust. ... an original and comprehensive analysis relevant to scholars, practitioners and students of international criminal law and international human rights law." (Caitlin R Biddolph, Melbourne Journal of International Law, Vol. 23 (1), July, 2022)
"This is a very interesting and valuable monograph for a person who wants to get to know the subject, which is so widely discussed in the English-language literature. ... Even for a reader who is not an expert in this area the book still can be read with real interest, as it contains solid argumentation and is consistent and convincing. ... The book is very carefully ... ."  (Hanna Kuczynska, Polish Yearbook of International Law, Vol. 41, 2021)

Spis treści

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.