•  
  •  
 

Abstract

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by transnational gangs should be considered crimes against humanity under international criminal law because it constitutes a widespread systematic attack against the civilian population. Furthermore, this Note identifies concrete steps the international community can take to hold gang leaders individually responsible for gender-based violence not only in El Salvador, but in Honduras and Guatemala as well. The International Criminal Court should individually prosecute gang leaders for crimes against humanity. In addition, the UN Human Rights Council should establish an independent international fact-finding mission on gender-based violence by gang members in the Northern Triangle countries. Finally, this Note considers the potential ramifications under the Draft articles on Prevention and Punishment of Crimes Against Humanity.

Download

Share

COinS