Welcoming address by Etienne Deshoulières, lawyer specialised in LGBT+ rights and president of ADUH

Introductory remarks by Jean-Marc Berthon, French Ambassador for LGBT+ Rights

Opening of the conference by Anne Savinel-Barras, president of Amnesty International France

Testimonies from victims of the criminalisation of homosexuality

Criminalisation of homosexuality: testimony from Uganda

Since 2023, in Uganda, consensual same-sex relations are punishable by life imprisonment or even the death penalty following the enactment of the “Kill the Gays” law. Ugandan survivors have agreed to testify about the violence they have endured.

10 min – eng

Criminalisation of homosexuality: testimony from Cameroon

In Cameroon, homosexuality remains criminalised, with those accused facing potential prison sentences. Cameroonian survivors have agreed to testify about the violence they have endured.

10 min – fr

Criminalisation of homosexuality: testimony from Afghanistan

Since the Taliban takeover of Afghanistan in 2021, anti-LGBTQ+ repression has intensified, growing increasingly violent. Artemis Akbary, an Afghan LGBTQ+ activist, agreed to testify about the situation in his country.

Speaker: Artemis Akbary, founder, executive director of Afghanistan LGBTQ+ Organisation

10 min – eng

The repression of homosexuals in France in the 20th century

Antoine Idier is a specialist of the history of homosexuality and LGBTQ+ movements, his work highlights the history of LGBTQ+ struggles and cultures in France. He will discuss the application of article 331 of the French Criminal Code from 1942 to 1982 on indecent or unnatural acts committed with a minor of the same sex.

Speaker: Antoine Idier, lecturer at Sciences Po Saint-Germain-en-Laye, researcher at CESDIP

10 min -fr

Litigating at the ICC the criminalisation of homosexuality

On what grounds should state agents be prosecuted?

The Rome Statute defines various crimes against humanity, materialised by acts such as imprisonment and persecution. How can we legally grasp the criminalisation of homosexuality in the light of these crimes, their attempt and their complicity?

Speaker: Olivier de Frouville, Professor of law at University Paris II Assas

15 min – eng

Which state agents can be prosecuted?

In a state that criminalises homosexuality, who would be criminally responsible for crimes against humanity against homosexuals? Can we hold those who voted for and signed the law criminally liable or only those who apply it?

Speaker: (tbd)

 15 min – eng

Is sexual orientation a recognised ground for persecution?

If the crime of persecution is most appropriate to the facts, is sexual orientation a ground for persecution recognised by the Rome Statute? Is persecution based on sexual orientation assimilated to gender-based persecution? Or should we refer to the notion of « criteria universally recognised as inadmissible under international law »?

Speaker: Valérie Suhr, Doctor in law at Hamburg University

15 min – eng

Beyond the ICC

Can the International Criminal Court be seized in connection with the criminalisation of homosexuality?

Does the ICC have jurisdiction rationae personae, rationae loci and rationae temporis? How does the principle of complementarity apply to situations where LGBTQ+ people are victims of atrocity crimes?

Speaker: Camille Schaltenbrand, international lawyer at Stop Homophobie

7 min – eng

Which national courts can be seized?

Which courts can victims turn to in order to have crimes against humanity recognised outside the ICC? Interested parties may consider universal/extraterritorial jurisdiction, referral to national prosecutors as victims or extradition of a defendant.

Speaker: Pepe Onziema, LGBTQ+ and human rights activist, director of programs at SMUG

15 min – eng

Gender persecution and transitional justice

Gender persecution, including crimes based on SOGIESC, plays a key role in transitional justice by addressing past human rights violations in conflict. Recent cases, such as those pursued by Colombia and the ICC, highlight its transformative potential in post-conflict societies. Recognizing and prosecuting gender persecution helps confront long-standing discrimination and promote healing.

Speaker: Kirby Anwar, human rights lawyer and LGBTQ+ advocate at MADRE

15 min – eng

Liability of the French State

Between 1942 and 1984, more than 30,000 people were imprisoned in France due to their sexual orientation. How can the French State be held liable for these facts? Do they constitute a crime against humanity and would their qualification as a crime against humanity change anything?

Speaker: Benjamin Moron Puech, Professor of law at Lyon II University

15 min – fr

Closing by Etienne Deshoulières