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The Globalization of HateInternationalizing Hate Crime?$
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Jennifer Schweppe and Mark Austin Walters

Print publication date: 2016

Print ISBN-13: 9780198785668

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198785668.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

State-sponsored Hatred and Persecution on the Grounds of Sexual Orientation

State-sponsored Hatred and Persecution on the Grounds of Sexual Orientation

The Role of International Criminal Law

(p.277) 17 State-sponsored Hatred and Persecution on the Grounds of Sexual Orientation
The Globalization of Hate

Ruby Axelson

Oxford University Press

Persecution as a crime against humanity offers an important opportunity to provide accountability for State-sponsored hatred and violence committed against persons due to their actual or perceived sexual orientation. This chapter explores theoretical and legal issues surrounding the prosecution of persecution on the ground of sexual orientation under Article 7(1)(h) of the Rome Statute, with a focus on Africa. It considers how universal protection of sexual minorities may be legitimized in the face of varying cultural contexts and nuances in how sexuality is understood. It argues that sexual orientation, currently absent from the protected groups in Article 7(1)(h) can be addressed under either ‘gender’ or ‘other grounds universally recognized as impermissible under international law’. Nevertheless, it is considered that further attempts to expand Article 7(1)(h) to explicitly recognize sexual orientation are needed to guarantee protection for sexual minorities.

Keywords:   crimes against humanity, sexual orientation, postcolonialism, persecution, African sexualities, international criminal law

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