Democratic Legitimacy and the International Criminal Court: A Liberal Defence

In response to the criticism that the International CriminalCourt is undemocratic, this article outlines a liberal conceptionof institutional legitimacy and defends its appropriatenessas a moral foundation for the International Criminal Court.In contrast to a communitarian concept of democracy (which seesdemocracy as an expression of the general will), liberals seepolitical legitimacy as stemming from a respect for fundamentalhuman rights. Thus, as long as the International Criminal Courtrespects the right of the accused to a fair trial, then it isa legitimate institution.