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Sex And Gender Crimes As A Discrete Crime – A Preliminary Draft

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Chapter Summary

A new international crime category prohibiting sexual offenses must address all the disadvantages of the current law. This chapter presents the priorities that international legislators should consider when drafting and adopting the new crime category of "sex and gender crimes". The new crime category must be blind to race, religion, sexual orientation, political or citizenship belonging and, especially, the victim's gender. Every victim of sexual offenses needs to be protected by international law. In this regard, the new crime category will be distinguished from the offense of "crimes against humanity". This crime must be applicable not only to international and non-international armed conflicts, but, like "genocide" and "crimes against humanity", it should also apply in peacetime. In many instances, sexual offenses are committed sporadically, not as part of a systematic or widespread attack.

Keywords: gender crimes; genocide; international law; sex



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