Prosecuting Gender Persecution at the ICC: Definitions, Policies, and Practice

This Article\u27s primary goal is to highlight the International Criminal Court (ICC)\u27s Office of the Prosecutor (OTP)\u27s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC\u27s progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC\u27s current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute\u27s unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. Part III moves from codification to practice, addressing the OTP\u27s 2014 Policy Paper, and some of the investigations and prosecutions of SGBV crimes that resulted from the Office\u27s specific decision to develop and devote resources to ensure that such crimes were not overlooked--as they often had been historically. Part IV turns to the 2022 Gender Persecution Policy which was released in December 2022, detailing the Policy\u27s key features. Part IV concludes by addressing implementation and some key challenges that may arise. As past practice demonstrates, achieving positive outcomes in terms of convictions is no easy task. Nevertheless, this Article commends the OTP for plainly stating its intention to engage in training and to educate their staff and others to ensure the successful implementation of the policy