international law; crimes against humanity

Article 7(1)(h).  Persecution on the basis of gender. Under the Rome Statute, persecution on the basis of gender is specifically included as a crime against humanity.  This means that the ICC has jurisdiction over crimes involving the intentional and severe deprivation of fundamental rights contrary to international law against a group targeted on the basis of gender.  Although the ICC has not yet brought a prosecution in respect of this crime, there are crimes under preliminary examination.

Under Article 7 of the Rome Statue, sexual and gender-based crimes can amount to crimes against humanity.  Although terminated by the ICC because of insufficient evidence, this case clarifies the principles for prosecuting these crimes.  Charges for the crimes against humanity of murder, forcible transfer of population, and persecution were brought due to the post-election violence in Kenya, where an attack allegedly targeted ethnic groups perceived as supporters of the Party of National Unity.