ABSTRACT
In the realm of transitional justice, legal mechanisms wield significant influence. The aim of this chapter is to explore ways to integrate queer legal perspectives into the theory and practice of transitional justice. The chapter begins with an overview of key tenets of queer theory, examining how queer perspectives can enhance transitional justice efforts. It then examines queer legal theoretical perspectives, revealing how they unveil the heteronormative underpinnings of legal systems. Through this deconstruction of binary notions of sexuality and gender in legal texts, queer legal theory aids in reshaping legal frameworks within transitional contexts. Finally, the chapter scrutinizes how queer legal theory intersects with transitional justice through legal texts. The analysis posits that despite the absence of explicit references to sexual orientation and gender identity in key transitional justice documents like the Rome Statute, a queer interpretative approach can bolster the protection of the rights of individuals with diverse sexual orientations, gender identities, expressions, and sex characteristics.
