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21 Int'l Crim. L. Rev. 1 (2021)

handle is hein.journals/intcrimlrb21 and id is 1 raw text is: INTERNATIONAL CRIMINAL LAW REVIEW crinal Crimnal Law BRILL 21 (2021) 1-34 Reie N IJ H O F F brill.com/icla The International Criminal Court and the Issue of Intersectionality-A Conceptual and Legal Framework for Analysis Gregor Mautec Marie Sklodowska-Curie Postdoctoral Fellow, iCourts-Center of Excellence for International Courts, University of Copenhagen, Faculty of Law, Karen Blixens Plads 16, 2300 Copenhagen S, Denmark gregorrmaucec@jurku.dk / gregor mauchec@gmail.com Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court's mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases-the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the Icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the Icc in considering mass atrocities against different protected groups and their members, this article discusses the Court's legal framework and major conceptual and statutory concerns surrounding the Icc prosecutor's and judges' enhanced engagement-through more progressive law interpretation-with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality. © GREGOR MAUCEC, 2021 I DOI:10.1163/15718123-BJA10043 This is an open access article distributed under the terms of the CC BY 4.0 license.

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