When it comes to the letter of the law, a few words can mean the difference between having your rights protected – or not. This is why human rights advocates are celebrating this month: after a worldwide campaign, and many long meetings and legal arguments, the new draft of the international crimes against humanity treaty has lost an outdated definition of gender that could be used to limit protections for women and LGBTIQ people in war.
On 7 June, the International Law Commission – a body of experts set up by the UN in 1947, to help develop and interpret international law – formally recommended this draft for adoption by states. Finally this treaty, which heads to the UN General Assembly later this year, holds the promise of justice for all victims of the world’s worst atrocities.
Previous drafts of this treaty included a definition of gender borrowed from the Rome Statute (which governs the International Criminal Court (ICC)) that isn’t clear on who is protected. It says: “the term ‘gender’ refers to the two sexes, male and female, within the context of society” – overlooking trans and gender non-conforming identities and leaving it open to dangerous interpretation.
