Legal Protection of Sexual Minorities in International Criminal Law

Đurić N., Roksandić Vidlička S., Bogush G. Legal Protection of Sexual Minorities in International Criminal Law. Russian Law Journal. 2018;6(1):28-57. DOI:10.17589/2309-8678-2018-6-1-28-57

30 Pages Posted: 22 Feb 2018 Last revised: 24 Aug 2018

See all articles by Nevenka Duric

Nevenka Duric

American University, Washington College of Law, Students

Suncana Roksandic Vidlicka

University of Zagreb

Gleb Bogush

Moscow State University

Date Written: February 12, 2018

Abstract

For a long time, the issues of sexual orientation and gender identity have been restrained from entering the legal arena as being regarded as too radical. In today’s society, these issues warrant consideration in the context of international criminal law. Critically reflecting on the way of placing these grounds within the international criminal law framework, this paper tries to unpack the sheer possibility of addressing them within the core international crimes. Correctly defining terms such as “sexual orientation” and “gender” is not only germane, but also necessary for international criminal law to tackle them accordingly. By doing so, the power of legal argumentation in international criminal law for protecting sexual minorities is strengthened, but its boundaries and vulnerabilities are also exposed. This paper proposes that the described massive violation of the most fundamental human rights should be legally qualified as persecution. For protecting sexual minorities on an international criminal law scale, it is argued that we are not really “there” yet, but we might just be on the right track.

Keywords: sexual orientation, LGBT, gender, international criminal law, Rome Statute, human rights, crimes against humanity

Suggested Citation

Duric, Nevenka and Roksandic Vidlicka, Suncana and Bogush, Gleb, Legal Protection of Sexual Minorities in International Criminal Law (February 12, 2018). Đurić N., Roksandić Vidlička S., Bogush G. Legal Protection of Sexual Minorities in International Criminal Law. Russian Law Journal. 2018;6(1):28-57. DOI:10.17589/2309-8678-2018-6-1-28-57, Available at SSRN: https://ssrn.com/abstract=3122271

Nevenka Duric

American University, Washington College of Law, Students ( email )

Washington, DC
United States

Suncana Roksandic Vidlicka (Contact Author)

University of Zagreb ( email )

Trg maršala Tita 14
Zagreb
Croatia

HOME PAGE: http://https://www.pravo.unizg.hr/en/suncana.roksandic_vidlicka

Gleb Bogush

Moscow State University ( email )

GSP-2, Leninskie Gory
Moscow, 119992
Russia

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