Rome's Statute from an LGBT Perspective

Abstract

Through an analysis of lgbt legal studies, it is possible to reveal the silences andexclusions of the Rome Statute of the International Criminal Court (icc) regardingthe likelihood of an investigation and eventual punishment of international crimesor serious human rights violations committed against the lgbt population. First,the preamble and the crime of genocide are analyzed to determine the regulatoryomissions of the Statute. Second, crimes against humanity, particularly the crimeof persecution, are analyzed to show the exclusions that this regulatory frameworkhas to protect this population. Thus, to explain the regulatory gaps, criteria ofanalysis of the lgbt theory are used to reveal how the actors who intervened inthe creation and application of the Rome Statute understood the sexualities andgender identities protected by the icc. Finally, the conclusion reached is that withthe regulations of existing international law, the protection of lgbt persons underinternational criminal law is limited.