The Persecution of LGBT People: a Crime Against Humanity under the Rome Statute?

Abstract

Impunity for the persecution of lesbian, gay, bisexual and transgender (LGBT) people because of their real or perceived sexual orientation need no longer be the norm. The International Criminal Court (ICC) has the ability to prosecute the persecution of LGBT people as a crime against humanity under article 7(1)(h) of the Rome Statute. The treatment of LGBT people in countries such as Cameroon, where homophobia results in the criminalisation of homosexuality, state sanctioned anal exams and the beating and arbitrary detention of LGBT people, readily satisfies the elements of the crimes against humanity of persecution. Sexual orientation is not explicitly a ground on which persecution is prohibited but the protected ground of ‘gender’ can and should be interpreted to include sexual orientation.