Some commentators have been moved to claim that the widespread effects of the “gender affirming model of care” amount to crimes against humanity. This page examines whether that accusation has merit, or whether it is just mere hyperbole.
CRIMES AGAINST HUMANITY
Crimes against humanity are defined by international law and encompass a range of acts committed as part of a widespread or systematic attack directed against any civilian population. The definition of crimes against humanity is codified in various international instruments, most notably in the Rome Statute of the International Criminal Court (ICC). The Rome Statute, which came into force in 2002, defines crimes against humanity in Article 7.
The key elements of crimes against humanity, as per the Rome Statute, include acts such as:
Murder:
The intentional killing of civilians.
Extermination:
The intentional infliction of conditions leading to the physical destruction of a group.
Enslavement:
The exercise of ownership rights over one or more individuals.
Deportation or Forcible Transfer:
Forcibly moving individuals from one place to another.
Imprisonment or Other Severe Deprivation of Physical Liberty:
The unlawful confinement of individuals.
Torture:
The intentional infliction of severe physical or mental pain or suffering.
Rape and Other Forms of Sexual Violence:
Acts of sexual violence, including rape.
Persecution:
The intentional and severe deprivation of fundamental rights on discriminatory grounds.
Enforced Disappearance of Persons:
The arrest, detention, or abduction of individuals by the state or its agents, followed by a refusal to acknowledge their fate or whereabouts.
Apartheid:
Acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over another.
Other Inhumane Acts:
Acts causing great suffering or serious injury to body or mental or physical health.
EFFECTS OF ‘GENDER AFFIRMING’ TREATMENTS
Sterilization:
While sterilization itself is not explicitly mentioned in the list of crimes against humanity in the Rome Statute, forced sterilization or sterilization carried out as part of a widespread or systematic attack against a civilian population could potentially fall under the category of “other inhumane acts.” Sterilization, especially without informed and voluntary consent, could be interpreted as a form of torture. The intentional infliction of harm for ideological reasons may be considered a violation of the prohibition against torture under international law.
Medical Experimentation on Children:
If medical experimentation on children is conducted as part of a widespread or systematic attack directed against a civilian population and involves acts causing great suffering or serious injury to body or mental or physical health, it could be considered a crime against humanity.
Widespread Persecution:
The widespread persecution against individuals opposed to gender identity ideology including harassment, discrimination, or violence, could potentially fall under the category of crimes against humanity, specifically “persecution” as defined in the Rome Statute.
“Transing Away The Gay”
The majority of adolescents presenting to gender clinics would, if they desisted from transgender ideation, grow up to be same-sex attracted. The “gender affirming model of care” systematically leads to the intentional alteration of sexual orientation, resulting in the physical destruction of a specific group (e.g., adolescent homosexuals becoming “straight trans”), this could raise concerns under the category of crimes against humanity. The intentional alteration of sexual orientation might be seen as a deliberate act causing harm to a particular group. Intentional changes in sexual orientation might also be examined under the “Other Inhumane Acts” category.
Considerations of Intent and Systematic Attack:
To qualify as crimes against humanity, these acts must be part of a widespread or systematic attack directed against a civilian population, and there must be intent. The intent aspect involves a deliberate plan or policy to commit such acts. Demonstrating that those who are inflicting these harms on society did so with the intention of committing these harms is likely to be difficult to prove.
Legal Challenges and International Jurisdiction:
As with many crimes, the difficulty in making a watertight case against the culpable does not mean that the crimes did not take place. The determination of whether these acts constitute crimes against humanity would typically be addressed by international courts, including the International Criminal Court (ICC). Legal challenges would involve presenting evidence, establishing intent, and examining the systematic nature of the alleged acts.