International law has failed to address violence against LGBTQ people.
; and the statute’s definition of gender is limited between male and female, which excludes people with gender identities outside of this binary understanding of gender.
With narrow definitions and no guiding principles as to the spectrum of acts that necessarily qualify under the statute, the result is—with the exception of the Ntaganda decision—that perpetrators’ sexual and gender-based crimes go unnamed by the ICC. All while survivors whose experiences and identities fall outside of the enumerated acts and narrow definitions are denied opportunities for justice.
The shortcomings of the ICC and the Rome Statute’s heteronormative classifications become particularly acute when looking at sexual violence targeted at LGBTQ communities.that when groups are already marginalized within their own societies, wartime abuses against them are rarely documented, resulting in the exclusion of their narratives from human rights discourse and justice processes.
Although the ICC has just begun to break its silence on sexual and gender-based targeted at who the court defines as “women and girls,” the same cannot be said for LGBTQ groups. In, IraQueer, MADRE and Outright Action International encouraged the international community to prosecute the militant group ISIL for its egregious crimes committed on the basis of gender, including discrimination based on sexual orientation and gender identity.
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