El Estatuto de Roma desde una perspectiva LGBT

Abstract

Through an analysis of lgbt legal studies, it is possible to reveal the silences and exclusions of the Rome Statute of the International Criminal Court (icc) regarding the likelihood of an investigation and eventual punishment of international crimes or serious human rights violations committed against the lgbt population. First, the preamble and the crime of genocide are analyzed to determine the regulatory omissions of the Statute. Second, crimes against humanity, particularly the crime of persecution, are analyzed to show the exclusions that this regulatory framework has to protect this population. Thus, to explain the regulatory gaps, criteria of analysis of the lgbt theory are used to reveal how the actors who intervened in the creation and application of the Rome Statute understood the sexualities and gender identities protected by the icc. Finally, the conclusion reached is that with the regulations of existing international law, the protection of lgbt persons under international criminal law is limited.