The Rome Statute of the International Criminal Court (2002), under Article 7(3) provides that the definition of gender in the Rome Statute shall be taken to mean; the two sexes, male and female, within the context of the society.[2] This provision has elicited many criticisms amongst experts, conservatives and liberals alike. These criticisms include the claim that the provision may cause a heteronormative interpretation of gender in international law. However, there are others who are of the school of thought that the provision cannot be considered narrow due to its acknowledgment of social norms and the presence of other safeguards in the Rome statute. In this paper, I will first provide the history of drafting of Article 7(3), and later on analyse the alleged binary nature of the same provision, and demonstrate that as much as these fears are valid, they are still quelled by the Rome Statute.
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