TY - JOUR

T1 - Legal protection of sexual minorities in international criminal law

AU - Ðurić, Nevenka

AU - Vidlička, Sunčana Roksandić

AU - Bogush, Gleb

N1 - Publisher Copyright: © 2018, Supporting Academic Initiatives Foundation. All rights reserved.

PY - 2018

Y1 - 2018

N2 - For a long time, the issues of sexual orientation and gender identity have been restrained from entering the legal arena as being regarded as too radical. In today’s society, these issues warrant consideration in the context of international criminal law. Critically reflecting on the way of placing these grounds within the international criminal law framework, this paper tries to unpack the sheer possibility of addressing them within the core international crimes. Correctly defining terms such as “sexual orientation” and “gender” is not only germane, but also necessary for international criminal law to tackle them accordingly. By doing so, the power of legal argumentation in international criminal law for protecting sexual minorities is strengthened, but its boundaries and vulnerabilities are also exposed. This paper proposes that the described massive violation of the most fundamental human rights should be legally qualified as persecution. For protecting sexual minorities on an international criminal law scale, it is argued that we are not really “there” yet, but we might just be on the right track.

AB - For a long time, the issues of sexual orientation and gender identity have been restrained from entering the legal arena as being regarded as too radical. In today’s society, these issues warrant consideration in the context of international criminal law. Critically reflecting on the way of placing these grounds within the international criminal law framework, this paper tries to unpack the sheer possibility of addressing them within the core international crimes. Correctly defining terms such as “sexual orientation” and “gender” is not only germane, but also necessary for international criminal law to tackle them accordingly. By doing so, the power of legal argumentation in international criminal law for protecting sexual minorities is strengthened, but its boundaries and vulnerabilities are also exposed. This paper proposes that the described massive violation of the most fundamental human rights should be legally qualified as persecution. For protecting sexual minorities on an international criminal law scale, it is argued that we are not really “there” yet, but we might just be on the right track.

KW - Crimes against humanity

KW - Gender

KW - Human rights

KW - International criminal law

KW - LGBT

KW - Rome Statute

KW - Sexual orientation

UR - http://www.scopus.com/inward/record.url?scp=85042275479&partnerID=8YFLogxK

U2 - 10.17589/2309-8678-2018-6-1-28-57

DO - 10.17589/2309-8678-2018-6-1-28-57

M3 - Journal article

AN - SCOPUS:85042275479

VL - 6

SP - 28

EP - 57

JO - Russian Law Journal

JF - Russian Law Journal

SN - 2309-8678

IS - 1

ER -