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ICC for first time recognizes LGBTQ people as victims of gender persecution

Chief prosecutor to seek arrest warrants for Taliban leaders behind human rights abuses

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The International Criminal Court in The Hague, Netherlands. (Photo by STRINGER Image/Bigstock)

The International Criminal Court on Jan. 23 for the first time recognized LGBTQ people as victims of gender persecution under international criminal law. 

Karim Khan, the ICC’s chief prosecutor, announced a request for arrest warrants against Taliban officials accused of targeting women and others perceived as defying the group’s strict gender norms in Afghanistan. It is the first time LGBTQ people have been explicitly named as victims in a gender persecution case before the court.

Since the Taliban’s takeover of Afghanistan in August 2021, there has been a significant escalation in the repression of LGBTQ people and women. A report that Human Rights Watch released in 2022 documented nearly 60 cases of targeted violence against LGBTQ people in the months following the Taliban’s return to power.

The Washington Blade in October 2022 reported the Taliban have frequently used the contents of seized cell phones to track and target LGBTQ people, further intensifying the climate of fear, and violence against the community in Afghanistan.

In its February 2023 report, ā€œA Mountain on My Shoulders: 18 Months of Taliban Persecution of LGBTIQ Afghans,ā€ Outright International detailed how Taliban security officials systematically targeted LGBTQ people, especially gay men and transgender women, subjecting them to physical and sexual assault as well as arbitrary detention. The report also noted Taliban authorities had carried out public floggings for alleged same-sex relations, with the Taliban Supreme Court publicly defending these punishments on social media at the time.

The report indicates Taliban officials had escalated their efforts to target LGBTQ people, making it a greater priority. They collected intelligence on LGBTQ activists and community members, hunted them down, and subjected them to violence and humiliation as part of their systematic campaign of repression.

Khan has sought charges against the Taliban’s Supreme Leader, Haibatullah Akhundzada, the Taliban’s supreme leader, and Chief Justice Abdul Hakim Haqqani for crimes against women, girls, and LGBTQ people. Khan said there are reasonable grounds to believe that Akhundzada and Haqqani orchestrated systematic violations of fundamental rights, including physical integrity, autonomy, free movement, free expression, education, private and family life, and free assembly.

Khan further detailed that the Taliban’s persecution was committed in connection with other crimes under the Rome Statute, including murder, imprisonment, torture, rape and other forms of sexual violence, enforced disappearance, and other inhumane acts.

Reports indicate the Taliban has banned education for girls beyond sixth grade, severely restricting their access to education and limiting employment opportunities in health and education sectors. Taliban members have also beaten, detained, and tortured women who participated in protests in support of their rights, and have carried out violent attacks against LGBTQ people.

Khan’s requests have been submitted to a pretrial chamber comprising three ICC judges, who will decide whether to issue the warrants. The ICC initially authorized the Afghanistan investigation in March 2020, following a preliminary examination that began in 2007. The investigation, however, was paused for several years as the prosecutor and ICC judges considered a request by Afghanistan’s former government to defer ICC proceedings in favor of domestic prosecutions the government claimed to be pursuing.

The judges noted any cases pursued by the former Afghan government represented, at most, a “very limited fraction” of those falling within the scope of an ICC investigation. They also observed that the current government displayed no interest in upholding the deferral request. The ICC, as a result, authorized the resumption of the investigation in October 2022.

ā€œThis is a historic moment since it is the first time in history that the ICC has officially recognized the crimes committed against LGBTIQ+ people. This application for an arrest warrant sends a strong message that the international community rejects the gender persecution of LGBTIQ+ people,ā€ said Artemis Akbary, executive director of the Afghanistan LGBTIQ Organization. ā€œLGBTIQ+ people in Afghanistan need our support and solidarity more than ever, and we must ensure that they have access to justice and accountability.ā€

Outright International in its press release stated this development marks a significant step toward addressing the unique vulnerabilities of LGBTQ people in conflict and crisis situations.

ā€œThe Taliban’s reign of terror over women and LGBTIQ people has been based on the assumption that gender persecution can persist with impunity. The ICC’s recognition of LGBTIQ victims challenges that presumption by recognizing the humanity of our communities,ā€ said Outright International Senior Director of Law, Policy, and Research Neela Ghoshal. ā€œOnce arrest warrants are issued against Taliban officials, member states should support the court’s efforts to swiftly bring them to justice.ā€

Human Rights Watch International Justice Director Liz Evenson also welcomed Khan’s announcement.

ā€œThe ICC prosecutor’s request for arrest warrants against two senior Taliban leaders for the crime against humanity of gender persecution should put the Taliban’s oppression of women, girls, and gender nonconforming people back on the international community’s radar,ā€ said Evenson. ā€œWith no justice in sight in Afghanistan, the ICC warrant requests offer an essential pathway for a measure of accountability.ā€ 

She added the ā€œinternational crimes committed in Afghanistan are vast, but a broad approach to accountability is needed to break cycles of impunity that have led to more abuses.ā€

ā€œICC member countries should ensure the court has the backing and practical assistance it needs to expand its Afghanistan investigations,ā€ said Evenson.

The Afghan Justice Ministry has not responded to the Washington Blade’s request for comment.

“It is truly groundbreaking for the International Criminal Court to recognize our communities among the victims and survivors of the most heinous crimes and their consequences, and to acknowledge gender identity and gender expression among the drivers of human rights violations,” said ILGA World Executive Director Julia Ehrt. “These warrants of arrest highlight human rights violations that civil society has long documented and that the world can no longer ignore.ā€

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Mexico

Gay couple claims Puerto Vallarta wedding venue discriminated against them

Jeremy Alexander and Ryan Sheepwash wanted to get married at Sheraton hotel

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From left, Ryan Sheepwash and Jeremy Alexander (Photo courtesy Jeremy Alexander)

A gay couple claims a hotel in a Mexican resort city that is popular with LGBTQ travelers discriminated against them when they tried to book their wedding.

Jeremy Alexander and Ryan Sheepwash in a TikTok video said they contacted the Sheraton Buganvilias Resort and Convention Center in Puerto Vallarta about holding their wedding at the property.

The couple, who live in Vernon, British Columbia, provided the Washington Blade with an invoice that Gabriela Espinoza, a wedding planner at the property, sent them on Jan. 17, 2025.

The invoice said 25 “deluxe ocean view room — all inclusive” rooms cost $970 a night. The total cost for the 25 rooms was $72,750.

Alexander in the TikTok video said it took Espinoza three months to send them the quote. The property, according to Alexander, requested a $36,000 deposit for half of the rooms.

“It’s not reasonable,” he said. “No one can afford that.”

Alexander said Espinoza told him and Sheepwash that the earliest they could have their wedding at the property was March 2027. Alexander in the TikTok video said he and Sheepwash asked a straight friend to “request a quote just to see apples to apples what it looks like.”

Ximena Esparza, another wedding planner at the property, on Feb. 7, 2025, sent the friend a quote for 25 rooms for a hypothetical wedding that was to have taken place from Feb. 19-26, 2026.

The quote for a “deluxe package” for 50 people was $8,500 and required a 20 percent deposit of $1,700.

“We just feel defeated,” said Sheepwash in the TikTok video. “It’s not fair because we love each other and we really want to get married, and we want to make it special and we want to make it perfect.”

@illuminaughtytriangle So disappointed that my fiancĆ©e and I got discriminated against by #Sheraton in #puertovallarta ♬ original sound – Jeremy Alexander

The Blade in 2019 reported the Sheraton Buganvilias Resort and Convention Center refused to allow Josh Rimer, a gay Canadian vlogger and television host who is also Mr. Gay Canada 2019, and his then-fiancƩ to hold their wedding at the property.

The invoice that Espinoza sent to Alexander and Sheepwash notes the hotel is “operated under license from Marriott International, Inc., or one of its affiliates.”

A spokesperson for Marriott, which is based in Bethesda, Md., and is Sheraton’s parent company, in response to Rimer’s allegation said the corporation reached out to him to express “our sincerest apologies for his experience.”

ā€œWe are troubled and greatly concerned about the experience reported by Mr. Rimer. Marriott has long been committed to providing an environment where all are welcome including our LGBTQ guests and their loved ones,ā€ said the spokesperson. ā€œIn addition, we are looking further into the matter to better understand what happened and do what we can to prevent hurtful experiences like this from happening again.ā€

A Marriot spokesperson on Thursday told the Blade the company has “reached out to Mr. Sheepwash and Mr. Alexander to learn more about their experience and are working with the property to offer a solution.” 

“The Sheraton Buganvilias has been active in the LGBTQ+ community in Puerto Vallarta for years, hosting LGBTQ+ weddings and groups and also supporting Pride events in Puerto Vallarta,” said the spokesperson. “Marriott remains steadfast in our commitment to ensure guests are treated with respect and understanding.”

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Chile

Transgender woman sues Chilean national police

Isabella Panes alleges she suffered harassment, exclusion after becoming ā€˜carabinera’

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Isabella Panes (Courtesy photo)

Isabella Panes in 2022 was celebrated as a symbol of inclusion. 

Wearing an olive green uniform and a shy smile, she appeared in the media and on social media as Chile’s first trans female ā€œcarabineraā€ or national police officer. The Carabineros promoted Panes as a sign of openness, but that story has become a dramatic case of institutional discrimination.

Panes today faces the Carabineros in court.

She has denounced a series of systematic acts of exclusion, harassment at work, and violation of fundamental rights that she and her defense team maintains pushed her into a mental health crisis that almost cost her her life.

ā€œMy hope is that tomorrow we will be able to live in a world of equality for all. Just that we understand that we are human beings and we have to make life a lot easier for each other,ā€ Panes told the Washington Blade during an exclusive interview.

Panes, 29, grew up in Laja in the BiobĆ­o region.

She dreamed of becoming a ā€œcarabineraā€ since she was a child, despite the fact that she faced discrimination because of her gender identity. After years of effort, surgeries and a difficult transition, Panes enrolled in the Carabineros Academy in 2021.

Panes faced the challenge of making her medical processes compatible with the physical demands of training. Even so, she graduated with good marks, and was recognized as part of the new institutional image the Carabineros wanted to project after the 2021 social unrest tarnished their image.

This institutional support disappeared after the media campaign.

Panes alleges she was marginalized from operational duties and relegated to administrative tasks, despite her interest in and training to patrol the streets like any other officers.

ā€œI joined the Carabineros to serve, not to be a marketing decoration,ā€ she said. ā€œI was offered to be part of the change, but only if I kept quiet and accepted the mistreatment.ā€

The accusations against the Carabineros are serious: Constant mockery by colleagues, dissemination of private information about her personal life, invasive questions about her body and sexual orientation. Panes’s legal representatives said this abuse took place within a context where the institution did not take effective measures to protect their client.

The Carabineros Social Security Administration, known by the Spanish acronym Dipreca, also refused to cover her transition-related medical procedures, arguing they were ā€œaesthetic,ā€ despite medical reports that indicated their importance for Panes’s mental health and well-being.

Panes in January attempted to kill herself by suicide. She managed to survive after calling Chile’s 4141 mental health care number for help.

ā€œThey were killing me slowly, from the inside,ā€ said Panes.

Panes has brought her case to the Supreme Court after a lower court ruled in favor of Dipreca’s decision to not cover her medical treatments.

Her legal team in a lawsuit has also accused the Carabineros of employment and systematic discrimination. Panes is seeking damages and institutional reforms.

ā€œThe Carabineros used Isabella to clean up its public image, but when it came to guaranteeing real rights, they abandoned her,ā€ said Javiera Zúñiga, spokesperson for the Movement for Homosexual Integration and Liberation, a Chilean advocacy group.

ā€œIt is not enough to show up at the Pride march,ā€ she added. ā€œTrue inclusion is demonstrated in deeds, in daily dealings, in respect for the dignity of all people.ā€

Panes’s case starkly exposes the limits of diversity policies when there is no deep institutional commitment to implement them.

ā€œI am no longer afraid,ā€ said Panes, ā€What happened to me cannot happen again. Not for me, but for all those who come after me.ā€

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Brazil

US lists transgender Brazilian congresswoman’s gender as ‘male’ on visa

Erika Hilton has represented SĆ£o Paulo since 2022

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Brazilian Congresswoman Erika Hilton speaks at an LGBTQ Victory Institute-sponsored conference in BrasĆ­lia, Brazil, in 2023. (Photo by Ester

A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”

Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.

The conference took place earlier this month.

“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”

Hilton is a Black travesti and former sex worker from SĆ£o Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.

ā€œIt is a big responsibility … but I feel very honored,ā€ said Hilton. ā€œI very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz InĆ”cio Lula da Silva in a SĆ£o Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.ā€

President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.

Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.

Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.

“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”

Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”

“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.

Editor’s note: Duda Salabert, another transgender Brazilian congresswoman, also said the U.S. listed her gender as “male” on her American visa.

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