Lubaale, Emma Charlene (2025) Gender-Based Crimes in International Law. In: Peters, Anne, (ed.) Oxford Max Planck Encyclopedia of Public International Law (MPEPIL). Oxford University Press, New York, NY. ISBN 978-0199689651 (In Press)

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Abstract

Gender-based crimes, particularly those involving sexual and reproductive violence, have been progressively articulated through statute norms, judicial decisions, and institutional policies, reflecting an expanding consensus on their legal recognition in international law. While sexual and reproductive violence have long occurred in armed conflict and other contexts of systemic oppression, the legal recognition and prosecution of these acts have developed unevenly across international statutes and tribunals. This entry provides a structured analysis of how gender-based crimes, specifically those involving sexual violence and reproductive harm, are conceptualized and prosecuted under international law.

This entry begins by conceptualizing ‘gender-based crimes’. The discussion then proceeds in two major parts. The first examines sexual violence crimes, including the legal definition of rape from early jurisprudence such as Prosecutor v Akayesu (1998), through to the codification in the International Criminal Court’s ‘Elements of Crimes’. It outlines the various ways these crimes have been prosecuted: as → crimes against humanity, → war crimes, and → genocide. The second part addresses reproductive violence crimes, tracing their recognition and adjudication under → international criminal law. It also discusses the various ways such crimes can be prosecuted: as crimes against humanity, war crimes, and genocide. The entry also examines the procedural framework and modes of liability applicable to gender-based crimes (→ Criminal Responsibility, Modes of). It concludes with a critical assessment, situates the issue within broader scholarly debates, and affirms the centrality of gender-based crimes to the evolution of international law, while identifying key trajectories for future legal development.

Item Type:	Book Section
Additional Information:	Since April 2025, MPEPIL has become free and open to all users through a Subscribe to Open (S2O) model. All new entries (2025–2026) are published open access under CC BY‑NC‑ND, while previously published entries have been moved in front of the paywall (though not all are OA‑licensed). Access remains free through at least March 2026, contingent on annual subscription renewals.
Uncontrolled Keywords:	gender, crime, international law
Subjects:	H Social Sciences > H Social Sciences (General) J Political Science > JX International law K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Law, Arts and Social Sciences Faculty of Law, Arts and Social Sciences > School of Law and Criminology
Last Modified:	16 Jan 2026 10:25
URI:	https://gala.gre.ac.uk/id/eprint/52287

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