The Potential of Gender Persecution in ICC Case Abd-Al-Rahman: A Twofold Opportunity to Interpret its Customary Status and Intersectional Discrimination

The post examines the crime of persecution, charged on gender, ethnic and political grounds, in ICC case Abd-Al-Rahman, dealing with the situation in Sudan. It suggests that its examination by the Court is an opportunity to address two important matters. One concerns the recognition of the customary status of gender persecution in international law in a situation involving violence against men, as the Court examines the legality of the crimes affecting a state non-party to the Rome Statute. Also, the case represents an opportunity to analyse the intersectional nature of discrimination (gender, political and ethnic simultaneously) underpinning persecution charges. It is argued that this approach, intersectionality, allows a more accurate understanding of the persecutory intent and its severe violations of fundamental rights while, in so doing, ensuring respect for article 21(3) of the Rome Statute, which requires interpreting the crimes in consistency with internationally recognized human rights law and without discrimination.