Posted: 29 Feb 2008
Date Written: September 2006
In response to the criticism that the International Criminal Court is undemocratic, this article outlines a liberal conception of institutional legitimacy and defends its appropriateness as a moral foundation for the International Criminal Court. In contrast to a communitarian concept of democracy (which sees democracy as an expression of the general will), liberals see political legitimacy as stemming from a respect for fundamental human rights. Thus, as long as the International Criminal Court respects the right of the accused to a fair trial, then it is a legitimate institution.
Suggested Citation: Suggested Citation
Fichtelberg, Aaron, Democratic Legitimacy and the International Criminal Court: A Liberal Defence (September 2006). Journal of International Criminal Justice, Vol. 4, Issue 4, pp. 765-785, 2006. Available at SSRN: https://ssrn.com/abstract=1098756 or http://dx.doi.org/10.1093/jicj/mqk002