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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:	Refereed Article
Keywords:	crimes against humanity, international criminal law, gender, International Criminal Court, ICC, Rome Statute, UN, International Law Commission
Research Division:	Law and Legal Studies
Research Group:	International and comparative law
Research Field:	International criminal law
Objective Division:	Law, Politics and Community Services
Objective Group:	Community services
Objective Field:	Gender and sexualities
UTAS Author:	Rosenthal, I (Ms Indira Rosenthal)
ID Code:	141643
Year Published:	2020
Deposited By:	Law
Deposited On:	2020-11-05
Last Modified:	2020-12-16
Downloads:	14 View Download Statistics