Democratic Legitimacy and the International Criminal Court

摘要

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.