Citation

Rossouw V. Int. Rev. Red Cross (1999) 2020; 102(914): 765-787.

Copyright

(Copyright © 2020, International Committee of the Red Cross, Publisher Cambridge University Press)

DOI

10.1017/S1816383121000485

PMID

unavailable

Abstract

Discrimination and sexual and gender-based violence committed against lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) detainees remains one of the most pressing contemporary humanitarian challenges. This article focuses on the interpretation of the phrase "or any other similar criteria" as contained in Article 3 common to the four Geneva Conventions, upon which adverse distinction is prohibited, in order to qualify sexual orientation and gender identity as prohibited grounds of adverse distinction. The interpretation of "or any other similar criteria" will be embarked upon by employing the general rule of treaty interpretation provided for in the Vienna Convention on the Law of Treaties, so as to qualify sexual orientation and gender identity as "any other similar criteria" and ultimately to realize the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict.

Language: en

Keywords

adverse distinction; common Article 3; international humanitarian law; LGBTQI; sexual and gender-based violence