Ausencia de una perspectiva de género en la Corte Penal Internacional: una mirada al caso Fiscalía vs. Lubanga Dyilo

Abstract

The absence of a gender perspective in the work of the International Criminal Court is one of the main shortcomings of the current international criminal system. This has had consequences that are evident in the case against Thomas Lubanga Dyilo, who has left a significant debt for the functioning of the organs of the International Criminal Court. In this regard, the International Criminal Court should invoke a discontinuity in the consecration of fundamental human rights and to accommodate the jurisprudence of the Inter-American Court of Human Rights in the field, whose foundation as applicable law set out in paragraph 3 Article 21 of the Rome Statute. Discrimination based on gender is structural and requires the adoption of effective measures by the international community for its eradication. In this regard, the International Criminal Court shouldrecognize gender transformer element of law, identify those commonalities in women's subordination has typically motivated crimes based on this content and promote gender sentences.