Criminalisation of homosexuality: a crime against humanity?
Conference Programme
10 avril 2025 – 17:00 to 20:00
Paris (Université de Nanterre)
200 Avenue de la République, 92000 Nanterre,
Bâtiment Simone Veil, Auditorium B
The ADUH Annual Conference will this year explore the criminalisation of homosexuality through the lens of international criminal law. In January 2025, the Prosecutor of the International Criminal Court (ICC) requested the issuance of arrest warrants for the persecution of women and LGBT+ persons in Afghanistan. On 8 July 2025, Pre-Trial Chamber II granted the request, finding reasonable grounds to believe that the suspects had committed the crime against humanity of persecution on gender grounds, within the meaning of Article 7(1)(h) of the Rome Statute. These persecutions are alleged to have been carried out on gender-related grounds, targeting girls, women, and others who do not conform to the Taliban’s policies on gender, gender identity, or gender expression, and on political grounds against persons perceived as “allies of girls and women.”
These developments invite us to ask:
Could the criminalisation of homosexuality itself be qualified as a crime against humanity?
Nanterre Université Conference Programme
Welcome address by Etienne Deshoulières, lawyer specialised in LGBTQ+ rights and President of ADUH.
Introductory speech by Jean-Marc Berthon, French Ambassador for LGBTQ+ Rights
Opening of the conference by Anne Savinel-Barras, President of Amnesty International France
Testimonies from survivors of the criminalisation of homosexuality
Criminalisation of homosexuality: testimonies from Uganda
Since 2023, in Uganda, consensual homosexual relations are punishable by life imprisonment, and even by the death penalty following the enactment of the “Kill the Gays” law.
Ugandan survivors have agreed to share their testimonies about the violence they have endured.
10 min – Eng
Criminalisation of homosexuality: testimonies from Cameroon
In Cameroon, homosexuality remains a criminal offence, and those accused risk prison sentences. Cameroonian survivors have agreed to share their testimonies about the violence they have endured.
Speaker: David Makanda, Executive Director of Alternatives Cameroun.
10 min – Fr
Criminalisation of homosexuality: testimonies from Afghanistan
Since the Taliban took control of Afghanistan in 2021, anti-LGBT repression has intensified and become increasingly violent. Artemis Akbary, an Afghan LGBTQ+ activist, has agreed to share his testimony about the situation in his country.
Speaker: Artemis Akbary, Founder and Executive Director of the LGBTQ+ Organization of Afghanistan
10 min – eng
The repression of homosexuals in France inthe 20th century
Antoine Idier is a specialist in the history of homosexuality and LGBTQ+ movements in France. He will discuss the application of Article 331 of the Penal Code from 1942 to 1982, concerning indecent or unnatural acts committed with a minor of the same sex.
Speaker: Antoine Idier, Senior Lecturer at Sciences Po Saint-Germain, researcher at CESDIP
10 min – Fr
Prosecuting the criminalisation of homosexuality before the International Criminal Court
On what grounds can state agents be prosecuted?
The Rome Statute defines various crimes against humanity, materialised by acts such as imprisonment and persecution. How can the criminalisation of homosexuality be legally understood in light of these crimes, as well as attempts and complicity?
Speaker: Olivier de Frouville, Professor of Law at the University of 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 committed against homosexuals? Can those who voted for and signed the law be held criminally responsible, or only those who enforce 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 the most appropriate for these acts, is sexual orientation a recognised ground for persecution under the Rome Statute? Is persecution based on sexual orientation assimilated to persecution based on sex or gender? Or should one refer to the notion of “grounds universally recognised as impermissible under international law”?
Speaker: Valérie Suhr, Doctor of Law at the University of Hamburg
15 min – Eng
Before which tribunal can justice be sought?
Can the International Criminal Court be seized in cases involving the criminalisation of homosexuality?
Does the ICC have jurisdiction ratione personae, ratione loci and ratione temporis? How does the principle of complementarity apply in situations where LGBT persons are victims of atrocity crimes?
Speaker: Camille Schaltenbrand, International Legal Officer at Stop Homophobie
15 min – Eng
Which national courts can be seized?
Which jurisdictions can victims turn to in order to have crimes against humanity recognised outside of the ICC? The parties concerned may consider universal or extraterritorial jurisdiction, the referral of national prosecutors as victims, or the extradition of an accused person.
Speaker: Pepe Onziema, LGBTQ+ activist and human rights defender, Director of Programmes at SMUG
15 min – Eng
Responsability of the French state.
Between 1942 and 1984, more than 30,000 people were imprisoned in France because of their sexual orientation. How can the French State be held responsible for these acts? Do they constitute a crime against humanity? Would their classification as a crime against humanity change anything?
Speaker: Benjamin Moron Puech, Professor of Law at the University of Lyon II
15 min – Fr