Do international criminal courts require democratic legitimacy?

Open Access
Authors
Publication date 2012
Journal European Journal of International Law
Volume | Issue number 23 | 1
Pages (from-to) 43-66
Organisations
  • Faculty of Social and Behavioural Sciences (FMG) - Amsterdam Institute for Social Science Research (AISSR)
Abstract
International criminal courts have in recent years been criticized for being ‘undemocratic’ in their dealings with populations affected by the crimes they are concerned with. They are beginning to formulate responses to these criticisms. This article will first outline the nature of these critiques and the courts’ responses. Then it will take inspiration from classical and recent theories in legal sociology and legal anthropology to assess whether there is a theoretical basis for the demand for democracy. It concludes that there is no viable argument that would support requiring a direct democratic basis for international criminal courts, but there are clear points of departure for insisting that they should pursue wider social aims, for identifying these aims, and for identifying principles that can guide the conduct of relationships with affected populations.
Document type Article
Language English
Published at https://doi.org/10.1093/ejil/chr104
Published at http://ejil.oxfordjournals.org/content/23/1/43.full.pdf+html
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Democratic_Legitimacy_EJIL.pdf (Final published version)
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