Historically speaking, gender has not been viewed as a relevant category of persecution in international criminal law, whereas victimisation on the basis of race, religion, politics, nationality and ethnicity has long been considered relevant. This was also the case with persecution, a fundamental crime against humanity. In the Rome Statute of the International Criminal Court (ICC), however, ‘gender’ was included among the list of relevant grounds. This was a monumental step forward for the recognition of the plethora of ways in which women and men are targeted in the context of widespread or systematic attacks against civilian populations. 

Despite this, until late 2019, no suspect had been charged for persecution based on gender but rather on other grounds only. What are the main causes of this significant lacuna and how are we to overcome challenges in the future to ensure adequate recognition of these crimes, their successful prosecution and a victim-sensitive approach to the collection of evidence?

The recent and/or ongoing asserted genocides of the Uyghurs, Rohingya, Yazidis, and Tigrayans all include, prominently, allegations of sexual violence and, in some instances, prevention of births. But whether these are discrete prohibited acts or elements thereof, or should be viewed in composite or as evidence of the intent to destroy the group in whole or in part depends upon a fulsome analysis. This panel of experts will use gendered legal analyses to examine the similarities and differences of each manifestation, and whether or not there are elements that are more or less difficult to discern.

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In 2014, ISIS soldiers massacred Yazidi men and boys, while the women and girls of child-bearing age were separated and distributed around the region to ISIS soldiers to be their slaves. In 2017, Myanmar's military used rape and sexual mutilation as weapons of war against Rohingya women fleeing for their lives. As a result of the Chinese Communist Party's coercive birth prevention programs targeting the Uyghurs and other minorities over the last several years, the estimated population loss from suppressed birth rates in southern Xinjiang alone ranges between 2.6 and 4.5 million. Beginning in 2020, armed forces in Ethiopia have used rape and sexual violence to inflict lasting physical and psychological damage not only on victims, but on whole communities. In this discussion, Akila Radhakrishnan and Emily Prey will examine the oft-overlooked, under-litigated gendered dynamics of genocide, why it is so crucial to engage in gendered analyses, and what state parties to the Genocide Convention, including the United States, can do to further these conversations.

Watch the Webinar

Watch the Webinar