Gender-Based Crimes Against Humanity

Abstract

This book chapter begins by examining what is meant by the term gender when referring to gender-based crimes against humanity. Next, the chapter explores ways in which gender-based crimes have been reflected in current international criminal law. This section describes legal developments related to sexual violence crimes: rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence. Then, current international law on other gender-based crimes against humanity is considered, such as the Rome Statute of the International Criminal Court's definition of gender-based persecution and the Special Court for Sierra Leone's definition of forced marriage. This chapter then discusses other prohibited acts with gendered aspects, such as enslavement and torture. It concludes with recommendations for gender-based prohibited acts that should be reflected in any future crimes against humanity codification. It also raises questions that will need to be considered by drafters of a treaty codifying crimes against humanity.