In the Rome Statute to the International Criminal Court gender was defined as "the two sexes, male and female, within the context of society...not indicat[ing] any meaning different from the above." The intention on the part of some parties to the drafting process was to exclude homosexuals from the scope of the Statute. This thesis examines the potential of the compromised gender definition with regard to the ongoing protection or redress offered under international law to sexual minorities facing persecution and their rights in general. It is argued that this reflection of global homophobia perpetuates societal perceptions of sexual minorities as outside the protection of so called universal human rights. Historically, the creation of out groups through social and legal exclusion has resulted in the most egregious human rights violations of our time. It is suggested that a reversal of societal attitudes can only be achieved by presenting a balance to the current religious voice, at an international level, that is determinative of state behaviour.