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Journal of International Criminal Justice Advance Access originally published online on January 10, 2006
Journal of International Criminal Justice 2006 4(4):765-785; doi:10.1093/jicj/mqk002
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

Democratic Legitimacy and the International Criminal Court

A Liberal Defence

Aaron Fichtelberg*

Assistant Professor, Department of Sociology and Criminal Justice, University of Delaware. [ afichte{at}Udel.Edu]

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.


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