ICC Prosecutor Publishes Policy on Crime of Gender Persecution

Alice Versini-O’Donnell 

International Justice and Human Rights Researcher

Global Human Rights Defence

On December 7th, 2022, the Prosecutor for the International Criminal Court (ICC) Karim A.A Khan KC launched a Policy on the Crime of Gender Persecution intended to guide the Office of the Prosecutor (OTP) in its fight against impunity for sexual and gender-based crimes. The Policy takes a comprehensive approach to sexual and gender-based crimes that may amount to the crime against humanity of persecution on the grounds of gender, recognising all its victims, namely women, girls, men, boys, including/and LGBTQI+ persons. It further recognises that acts or crimes of gender persecution may include forms of sexual violence, any physical violence or physical contact, and may include psychological abuse and acts such as cultural destruction or confiscation and prohibition of education for girls. 

Accountability for crimes of gender persecution can help to disrupt the normalisation of institutionalised gender discrimination and violence. The Policy therefore aims to promote accountability, transparency and predictability in the OTP’s application of the legal framework related to sexual and gender-based crimes. The Policy was drafted by the Special Adviser on Gender Persecution, Lisa Davis, and developed through an extensive consultative process which engaged staff, civil society, and affected communities.

Sources and further reading: 

International Criminal Court Press Release, ‘Prosecutor of the International Criminal Court (ICC), Karim A.A Khan KC Publishes Policy on the Crime of Gender Persecution’ (7 December 2022). 

International Criminal Court Office of the Prosecutor, ‘Policy on the Crime of Gender Persecution’ (7 December 2022), 4 <https://www.icc-cpi.int/news/policy-crime-gender-persecution> accessed 8 December 2022.