PENALISATION DE L’HOMOSEXUALITE : UN CRIME CONTRE L’HUMANITE ?

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Pénalisation de l'homosexualité : un crime contre l'humanité ?

LA CONFÉRENCE Inscription

The annual ADUH conference will explore this year the criminalisation of homosexuality from the perspective of international criminal law. The International Criminal Court (ICC) has recognised the existence of crimes based on gender. In January 2025, the ICC Prosecutor requested the issuance of arrest warrants for persecution suffered by women and LGBT+ individuals in Afghanistan. These developments raise a crucial question: could the criminalisation of homosexuality also be classified as a crime against humanity ?

LE PROGRAMME

18h00 : Arrivée du public

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

Testimonies from victims of the criminalisation of homosexuality

Testimonies from victims of the criminalisation of homosexuality in 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 crimes they have endured.

Speakers: (tbd) – 15 min – eng

Testimony from victims of the criminalisation of homosexuality in Afghanistan

Since the Taliban takeover of Afghanistan in 2021, anti-LGBT repression has intensified,growing increasingly violent. Artemis Akbary, an Afghan LGBT activist, agreed to testify about the situation in his country.
Speaker: Artemis Akbary, founder, executive director of Afghanistan LGBTIQ+ Organisation
15 min – eng

Intervention by the author Antoine Idier on the repression of homosexuals in France in
the 20th century

Antoine Idier is a specialist of the history of homosexuality and LGBTQI+ movements, his work highlights the history of LGBTQI+ struggles and cultures in France.
Speaker: Antoine Idier, lecturer at Sciences Po Saint-Germain-en-Laye, researcher at CESDIP
15 in – fr

Who can be prosecuted? On what legal basis ?

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: Prf. Olivier de Frouville, Professor of law at University Paris II Assas
15 min – eng

Which state agents could be prosecuted?

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

Speaker: Eugénie Vendroux (tbc), PhD candidate at University Paris II Assas
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: Prf. Lisa Davis (tbc), Professor of law at CUNY school of law and ICC Special Adviser
15 in – eng

How can the perpetrators be prosecuted? Before 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 LGBT people are victims of
atrocity crimes? Have the potential cases reached the Court’s gravity threshold? In the
context of worldwide violence against sexual and gender minorities, which situations could
possibly be examined by the Office of the Prosecutor?

Speaker: Kirby Anwar (tbc), human rights lawyer and LGBTIQ+ advocate
15 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, LGBTIQ+ 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: Prf. Benjamin Moron Puech, Professor of law at University Lyon II- 15 min – fr

21h30 : Fin de la conférence

Moment de convivialité dans le hall et la Gaîté Lyrique