What gives international courts and tribunals the authority to punish individuals for international crimes? In ‘The Right to Punish. Political Authority and International Criminal Justice’, I argue that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Reconstructing John Locke’s theory of a natural right to punish, I claim that international criminal justice institutions pursue morally mandatory aims and may punish individuals if they thereby contribute to deterring mass violations of fundamental human rights.

However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions. First, institutions must conduct their criminal trials with the highest level of fairness. Second, those who are subject to the authority of the institution must be treated as equals, meaning that they may not be subordinated to another. The value of equality as non-subordination must be reflected in the institution’s design, which, so I argue, can be done by giving subjects equal democratic control over the institution exercising authority over them. Having equal democratic control entails institutional procedures of democratic decision-making and democratic accountability.

Program:

10:00 Lukas Naegeli: Einführung

10:05 Luise Müller: Vorstellung des Buches

10:20 Kommentar durch Sofie Møller

10:40 Kommentar durch Antoinette Scherz

11:00 Luise Müller: Replik

11:15 Allgemeine Diskussion