The concept of gender-based crimes in international law
Authors: Syroid T. L. 
Published: June 2024

The article reveals the concept of gender-based crimes (GBCs), which should be understood as illegal, intentional violent actions directed against a person due to their gender. Forms of sexual violence are highlighted, including: sexual violence, human trafficking, gender-based murders – femicide/ feminicide, infanticide. The provisions of international legal acts, which contain norms regarding the prohibition of violence and combating domestic violence, are highlighted, in particular: the Convention on the Elimination of All Forms of Discrimination Against Women of 1979, General Recommendation No. 19 of the Committee on the Elimination of Discrimination Against Women, General Comment No. 38 (2020) of the Human Rights Committee, the Statute of the International Criminal Court of 1998, the Convention against Transnational Organized Crime of 2000, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of 2000 (Palermo protocol), Council of Europe Convention on preventing and combating violence against women and domestic violence of 2011, Decisions No. 15/05 and No. 7/14 of the Council of Ministers of the OSCE, Directive of the European Parliament and the Council on combating violence against women and domestic violence of 2022 etc. It is summarized that the specified norms have developed from guaranteeing human rights (a fundamental principle regarding the prohibition of discrimination) to a strict prohibition regarding their violation (recognition as criminally punishable acts).
The characteristic contextual circumstances of GBCs are highlighted, in particular: the committed act must constitute an offense according to criminal law (presence of the main crime); the main object is encroachment on human personality, basic inalienable rights and freedoms guaranteed by international standards and national legislation; an integral component of the illegal act is a certain motive or motives of prejudice, in particular with regard to the specific gender context and the circumstances in which it is committed; the selection of victims may be based solely on gender or on the basis of multiple signs of identity such as gender and religion. Any person or group of persons, regardless of their gender, can become victims of gender-based hate crimes (men, women, representatives of LGBT communities, etc.); a component of the objective side is the use of various forms of violence, including cyber violence; enslavement, including acquisition, sale, provision for use, exchange of a person or persons; rape; forced pregnancy, forced sterilization; sexual violence; murder and other illegal actions. The subject of the commission of an illegal act is a physically reprehensible, guilty person who has reached the age of criminal responsibility provided for by the legislation of the relevant state or international agreements. The act may be committed in complicity or as part of an organized group. A legal entity can also be recognized as the subject of responsibility.
GBCs can have the character of general criminal crimes, transnational crimes, the definition of which is contained in the Convention against Transnational Organized Crime of 2000, especially in the form of gender-based human trafficking. And they can also be components of international crimes, which are recognized as the most serious and dangerous offenses, the components of which are provided by international agreements, statutes of international bodies of criminal jurisdiction (the International Criminal Court, ad hoc tribunals, specialized courts, etc.). Appropriate conclusions and recommendations were made.