Prosecutor's Office Unveils Principles to Clarify Gender Persecution Crime

ICC

The Prosecutor of the International Criminal Court, Mr Karim A.A. Khan KC, is pleased to announce a new initiative to advance accountability for the crime against humanity of persecution on the grounds of gender. This initiative will culminate in a comprehensive set of principles on gender persecution to provide guidance for increasing its prevention, and ensuring protection and participation of its survivors.

Complementing and building on the 2022 Policy on the Crime of Gender Persecution, this new initiative will help to further promote accountability, transparency and predictability in the work of the Office in this crucial area and serve as broader guidance internationally. The principles will be developed on the basis of international criminal law and human rights law, drawing from applicable treaties and general principles and rules of international law. It will also draw on the jurisprudence of the Court and other relevant human rights and accountability mechanisms.

Through this announcement, the Prosecutor invites comments early in the development of this initiative, calling for input on, inter alia, the nature and scope for preventing, protecting and including victim participation that the principles ought to include, cover and address.

In highlighting the importance of the policy and stakeholder consultation, Prosecutor Khan stated: "Sexual and gender-based crimes are among the gravest under the Rome Statute. Justice requires a holistic understanding as to why perpetrators committed such acts, if we are to eliminate discrimination and break cycles of violence. Holding such crimes that meet the threshold for persecution accountable is a key priority for the Office. The gender persecution principles initiative is another commitment to this necessary objective."

Professor Lisa Davis, Special Adviser to the Prosecutor on Gender Persecution, will be assisting the Prosecutor and the Office in developing the principles. Professor Davis will be taking leave from the OTP during the open call and will return shortly after. "Recognition of gender persecution acts helps to shed light on the historical and longstanding structural discrimination and fundamental rights deprivations experienced by vulnerable groups such as women, girls and LGBTQI+ persons. These principles will contribute to furthering effective measures to prevent and protect against gender persecution as well as to strengthen survivor participation", stated Professor Davis.

In this first round of external consultations, the Office welcomes and encourages comments on the substance of the initiative early in the drafting process and prior to the first draft being produced and circulated for further input. The Prosecutor is of the view that external consultations on its policies and working methods are important for maintaining and furthering transparency and predictability, and generating the most comprehensive principles and policies. Comments will therefore be sought during the drafting process: first before the draft has been formulated, and a second round to solicit more specific and focused feedback.

Comments can be sent to [email protected] by Friday, 22 November 2024, midnight, CET. All input received by the deadline will be carefully considered in the internal review and revision process.

The Office is grateful for the interest and support of the Rome Statute community for its activities and initiatives.

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