Comments on the International Criminal Court Office of the Prosecutor's Draft Policy on the Crime of Gender Persecution Under the Rome Statute

The Draft Policy promises to be a seminal contribution not only to the Office of the Prosecutor's (OTP) policy and practice and the International Criminal Court's (ICC) jurisprudence on gender persecution, but also to the development of international criminal law generally. Building on its prior work, including the 2014 Policy Paper, the OTP is well placed to develop policies and procedures that protect historically marginalized and oppressed groups, deliver justice that accurately reflects the depth and breadth of the gender persecution suffered, and shed light on a crime that has to date received only limited attention.

As it finalizes the Draft Policy for publication and adapts its policies into practice, we urge the OTP to maintain its focus on (i) articulating the distinction between motive and intent in gender persecution, and (ii) engaging fully with gender persecution victims at every stage of a prosecution. In doing so, the OTP can more effectively continue to deliver on the Rome Statue’s promise of ending impunity for the world’s most serious crimes.