New UN Treaty Would Make Homophobia a Crime Against Humanity

By | November 3, 2022

NEW YORK, November 4 (C-Fam) The General Assembly is discussing a treaty on crimes against humanity that could be used to fine and jail religious conservatives and anyone who objects to the homosexual and trans agenda.

The new draft treaty, prepared by the International Law Commission, discards a longstanding definition of gender in international law as “the two sexes, male and female, within the context of society.” The definition, always disliked by progressives, has stood in the way of homosexual and transgender activists for over twenty years.

Dropping that definition of gender in the new treaty on crimes against humanity could open the door to the prosecution of anyone who objects to homosexual and transgender ideas, behavior, or practices.

The narrow definition of gender originally appeared in the Rome Statute which created the International Criminal Court. That treaty, adopted in 1999, listed “persecution” on the basis of gender as a crime against humanity. The definition of gender was adopted to avoid the misuse of the term to promote controversial social agendas.

The initial draft of the new treaty on crimes against humanity was controversially presented to the sixth committee of the General Assembly three years ago without the definition of gender. The treaty’s most powerful proponents, the European Union, and the United States, are now pushing the General Assembly to adopt the new treaty. It remains controversial as other countries are concerned about the implications of this.

A representative or Morocco speaking on behalf of the 54 countries of the African Group said the “legitimate concerns of all Member States should not be ignored” and warned against “any attempt to impose the views of any party or legal theories or definitions” that are not internationally accepted. Several delegations, including Egypt, the Russian Federation, and Pakistan, echoed that statement.

A representative of the Holy See was more explicit in urging Member States to reject any attempt to redefine gender.

“My Delegation regrets the ILC’s (International Law Commission) decision not to include in the draft articles the definition of gender contained in paragraph 3 of article 7 of the Statute of the International Criminal Court, which forms an integral part of the definition of the crimes agreed during the 1998 Rome Conference,” said the Holy See representative.

The Holy See delegate also rejected the reason provided by the International Law Commission to drop the definition of gender.

According to a report of the commission in 2019 the definition of gender was abandoned to accommodate an “evolving” understanding of the term “gender as a socially constructed (rather than biological) concept.” The commission cited the work of the Office of the Prosecutor of the International Criminal Court to add sexual orientation and gender identity as part of “gender-based” crimes, as well as the non-binding opinions issued through the UN human rights system.

The treaty is meant to complement the work of the International Criminal Court in the Hague under the Rome Statute by requiring governments to independently criminalize and prosecute crimes against humanity in their own national courts. If adopted, the new treaty will likely be promoted around the world through financial assistance and technical guidance on how it should be implemented from UN agencies and donor governments, including the European Union and the United States.

Delegations are currently negotiating a resolution to decide the fate of the treaty. A decision on the way forward is expected before Thanksgiving.