Gender Persecution and the Sarah O. Case: Strengthening the Rome Statute through Domestic Trials

Abstract

Abstract The crime of gender persecution holds great potential for the adequate prosecution of gender-based violence in international criminal law. Codified in Article 7(1)(h) of the Rome Statute as a crime against humanity, it provides an opportunity to condemn gender-specific violence beyond sexual acts. However, the icc has so far only made limited use of this possibility and has yet to convict a defendant under Article 7(1)(h) on the basis of gender. In contrast, the Düsseldorf Higher Regional Court recently became the first court or tribunal to explicitly convict a person for gender persecution. The Sarah O. case has the potential to set an important precedent for the prosecution of this crime. Importantly, it may help to highlight the challenges of prosecuting gender persecution and to address them at the national and international level.