Gender-based persecution as a crime against humanity: A milestone for LGBTI rights before the Colombian Special Jurisdiction for Peace
by Susann Aboueldahab (PhD Candidate and Research Assistant at the Department for Foreign and International Criminal Law and at the Study Center for Latin American Criminal and Criminal Procedural Law (CEDPAL) at the Georg-August-Universität Göttingen, Germany).
On 14 April 2021 the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) broke new ground: It accredited five LGBTI persons as victims of the Colombian armed conflict and resolved that their gender-based persecution might have amounted to a crime against humanity. The decision is pioneering for two reasons: First, the JEP declared its jurisdiction over this international crime for the first time. Second, the JEP resolved that gender-based persecution covers sexual orientation and gender identity, setting an important precedent for international criminal law.
The original decision can be fund here: https://embeber-pdf-arc.s3.amazonaws.com/AUTO+66-2021-1618627076168.pdf