Protection from persecution

The Rome Statute of the International Criminal Court defines persecution as follows:

“the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity”

The persecution of an identifiable group or collectivity can be based on any such as:

• gender identity;
• political beliefs, affiliiation or opinions;
• racial identity;
• national identity;
• ethnical idenity;
• cultural identity or cultural practices;
• religious beliefs or practices;
• or on other grounds that are universally recognized as impermissible under international law.

Persecution is a crime

Freedom from persecution is vital to the well-being of individuals in society and to their enjoyment of the rights to which they are entitled. Therefore, under international law, persecution is a crime against humanity.

Persecution leads to refugees

Persecution is one of the main reasons that individuals flee their country of origin. It is therefore recognized by the Refugee Convention as the principal justification for qualifying an individual as a refugee. This Convention defines a refugee as:

“every person who, owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”

Persecuted persons are to be protected

Fear of persecution is not only a valid reason for fleeing a country and requesting asylum in another, it is also the basis of the principle of non-refoulement, whereby States may not, under any circumstances, expel or return a person by force to a State where he or she fears persecution.

Indicators of persecution

Since individuals are persecuted because of their membership in a specific group, behavior that reflects adverse discrimination is often considered an important indication of the risk of such persecution. Other much clearer indications include threats or attempts against the life of individuals—in particular violence to their person, extermination, torture, and other forms of ill treatment. Also rape can constitute an element of persecution.

Sanctions

In general, individuals who commit acts of persecution are subject to the domestic penal sanctions foreseen for both violations of international humanitarian law and human rights violations. Furthermore, the International Criminal Court has jurisdiction, under certain conditions, over persecutions committed by those accused of genocide, war crimes and crimes against humanity. Countries and regional organisations may also impose sanctions on individuals and entities that are held resposnible for acts of persecution.