Adjudicating Gender-Based Persecution At The ICC & Beyond: A Monumental Step And The Challenges That Lie Ahead

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Historically speaking, gender has not been viewed as a relevant category of persecution in international criminal law, whereas victimisation on the basis of race, religion, politics, nationality and ethnicity has long been considered relevant. This was also the case with persecution, a fundamental crime against humanity. In the Rome Statute of the International Criminal Court (ICC), however, ‘gender’ was included among the list of relevant grounds. This was a monumental step forward for the recognition of the plethora of ways in which women and men are targeted in the context of widespread or systematic attacks against civilian populations.

Despite this, until late 2019, no suspect had been charged for persecution based on gender but rather on other grounds only. What are the main causes of this significant lacuna and how are we to overcome challenges in the future to ensure adequate recognition of these crimes, their successful prosecution and a victim-sensitive approach to the collection of evidence?

Taking ground-breaking steps forward, the ICC Prosecutor, Ms Fatou Bensouda, has begun to break with the neglect of gender-based persecution (GBP) at the Court, in her recent investigations into the situation in Afghanistan (murder of female politicians and intimidation of female students as GBP), the preliminary examination in Nigeria (abduction of female schoolgirls and use of female suicide bombers as GBP), and the charges against Al Hassan (sexual and non-sexual oppression of females as GBP).

The, Al Hassan trial is the first time charges have been confirmed by the ICC Pre-Trial Chamber for GBP on the grounds that women and girls were targeted for sexist reasons and subjected to the ideological, religious and discriminatory views of women by the members of Ansar Dine and Al-Qaeda in the Islamic Maghreb, which reduced them to objects in the society of which they were a part.

It is important to note, however, that in the context of conflict, gender-based victimization is not limited to women. The targeting of men and boys is not uncommon and both genders can be targeted for their perceived social roles in different ways.

This hybrid conference (in-person and virtual) is generously funded by the Modern Law Review (MLR). There will accordingly be no registration fee and the MLR has the right of first refusal for papers presented at the conference.

For queries email: adjudicating.gbp.conference@gmail.com

Speakers’ Presentations are now available to watch:

• Sir Howard Morrison QC, Former Appeals Judge, International Criminal Court “Gender Matters”
• Ms Reem Alsalem, UN Special Rapporteur on Violence against Women, Its Causes and Consequences“Towards ending impunity for GBV crimes: Experiences from the Human Rights Special Procedure”
• Ms Sara Elizabeth Dill, Partner, Anethum Global; Arab Region Liaison Officer, International Bar Association War Crimes Committee “A Global Look at Women In Peril in 2021”
• Ms Akila Radhakrishnan, President of Global Justice Centre “The Gender Dimension in Atrocity Crimes: The Case of Rohingya Genocide”
• Ms Niamh Hayes, Office of the Prosecutor, International Criminal Court “Understanding and Recognising Gender-Based Persecution - Concepts and Legal Elements”
• Professor William Schabas OC, Middlesex University, UK “Prosecuting Kaiser Wilhelm for Sexual Violence in Wartime”
• Dr Rosemary Gray, University of Sydney, Australia "Gender Issues in International Criminal Law"
• Ms Sara Elizabeth Dill, Partner, Anethum Global; Arab Region Liaison Officer, International Bar Association War Crimes Committee “Syria, Yemen, and Afghanistan: Ensuring a Culturally Sensitive and Mental Health Based Approach to War Crimes Investigations of Gender Based and Sexual Violence.”
• Professor Caroline Fournet, University of Exeter, UK “Beyond Gender and into the Intimate: The Crimes Against Humanity of Forced Pregnancies and of Forced Marriages”
• Dr Matthew Gillett, University of Essex, UK “Gender and Genocide Prevention”
• Justice Adel Maged, Vice-President at the Egyptian Court of Cassation, Egypt “Adjudicating Gender-Based Persecution: An Examination of Radical Islamist Ideologies and Practices”
• Professor Mohamed Badar, Northumbria University, UK “Beyond Taliban: Cultural and Traditional Impediments Undermining Women’s Rights in Afghanistan"
• Dr Nora Salem, Head of Public Inernational Law Department, Faculty of Law, German University in Cairo, Egypt “Obstacles to Gender Equality in the MENA Region”
• Dr Polona Florijančič, Legal Researcher, UK “Western Misogyny and Gynephobia: Legal Approaches to Tackling the Nouveau Fear and Hate Propaganda against Women”
• Ms Susann Aboueldahab, PhD Candidate University of Göttingen, Germany “The Colombian Special Jurisdiction for Peace and the Persecution of LGBTIQ Persons as a Crime Against Humanity”
• Mr Nicholas Leddy, International Criminal Laywer, US “Investigative Considerations for International Crimes Targeting Persons on the Basis of Sexual Orientation and Gender Identity”
• Professor Javaid Rehman, Brunel University, London, UK “Women, Sexuality and Sexual Rights: Muslim Constitutionalism and International Human Rights Law”
• Ms Léa Réus, Human Rights Consultant, US "Prosecuting Gender Based Persecution in Guatemala: An Integral Approach to the Crimes Against Indigenous Women During the Internal Armed Conflict”
• Ms Shamiso Mbizvo, International Cooperation Advisor, Office of the Prosecutor, International Criminal Court “Hidden in Plain Sight? Unpacking Conceptual and Implicit Impediments to Recognising and Charging Gender-Based Persecution as a Crime Against Humanity”
• Dr Sheri Labenski, London School of Economics and Political Science, UK “Female Perpetrators and Gender Analysis: Insights for a Gendered Peace”
• Ms Stephanie Herrmann, International Human Rights Lawyer (Candidate for DC Bar Exam), US “Erasing Culture: Wrongful Acts Exposing Definitional Gaps under International Law”