Criminalisation of homosexuality:
A crime against humanity?
Conference programme
10 April 2025 – 5:00 PM to 8:00 PM
Paris (University of Nanterre)
200 Avenue de la République, 92000 Nanterre,
Simone Veil Building, Auditorium B
While love is not a crime, the systematic persecution committed by states against LGBT+ people is likely to constitute a crime punishable under international law. The International Criminal Court (ICC) indeed recognised the
existence of crimes based on gender and the ICC Prosecutor requested the issuance of
arrest warrants for persecution suffered by LGBTQ+ individuals. The conference therefore proposes to turn the question of the criminalisation of homosexuality on its head, by examining how to criminally prosecute state agents responsible for such persecution.
THE PROGRAMME
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
Who is to be prosecuted? On what grounds?
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: Nick Leddy, Head of Litigation at Legal Action Worldwide
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
How should the perpetrators be prosecuted? In front of which court?
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
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