Queering the Rome Statute: Searching for the International Criminal Court’s Potential to Do Justice to Queer People

Abstract

ABSTRACT The Rome Statute of the International Criminal Court (ICC) is tasked with holding individuals accountable for the perpetration of the most heinous international crimes. However, the Rome Statute does not provide express grounds for protecting queer people. This article examines to what extent the ICC can protect queer people, by adding a queer reading to doctrinal interpretations to trouble and problematise uncritical legal protection. The crime of genocide and the crime against humanity of persecution serve as the main sources of study, in addition to international human rights law due to its connection with the Rome Statute. The queer reading demonstrates that despite the ICC’s ability to protect queer people in some ways, the interpretations of the Rome Statute are limited in their potential to do justice to queer people. As such, this article ventures out into a discussion on the possibility for the ICC to ever provide justice for queer people by navigating queer abolitionist critiques. It argues for an approach that de-centres the ICC, thereby creating space for legal transformation to resist queer erasure, whilst simultaneously looking for alternative (re)imaginings that queer abolitionism creates.