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Gender and the ILC’s 2019 Draft Articles on the Prevention and Punishment of Crimes Against Humanity

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Rosenthal, I and Oosterveld, V 2020 , 'Gender and the ILC’s 2019 Draft Articles on the Prevention and Punishment of Crimes Against Humanity' , African Journal of International Criminal Justice, vol. 6, no. 2 , pp. 214-226 , doi: 10.5553/AJ/2352068X2020006002010.

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Abstract

The International Law Commission’s Draft Articles on the Prevention and Punishment of Crimes Against Humanity document is the latest international instrument to address gender-based crimes under international law and the first to do so outside the context of international courts. The elaboration of a treaty on crimes against humanity provides a critical opportunity to affirm that gender-based crimes are among the gravest crimes under international law. This article examines discussions on the meaning of the term ‘gender’ under the ILC’s Draft Articles, with reference to the discussions two decades prior on the definition of ‘gender’ in the Rome Statute of the International Criminal Court, the basis for the Articles’ consideration of sexual and gender-based violence. It then turns to the ILC consultation process, and the 2019 discussion of the ILC’s Draft Articles in the Sixth (Legal) Committee of the United Nations General Assembly on the term ‘gender’. Additionally, it considers a number of concerns raised by States and civil society on the definition of some of the gender-based crimes included in the Draft Articles and concludes by arguing for a comprehensive gender analysis of all of the Draft Articles.

Item Type: Article
Authors/Creators:Rosenthal, I and Oosterveld, V
Keywords: crimes against humanity, international criminal law, gender, International Criminal Court, ICC, Rome Statute, UN, International Law Commission
Journal or Publication Title: African Journal of International Criminal Justice
Publisher: Eleven International Publishing
ISSN: 2352-068X
DOI / ID Number: 10.5553/AJ/2352068X2020006002010
Copyright Information:

Copyright 2020 the authors

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