Domestic Politics, International Crimes: Gross Violations of the Right to Political Participation

Abstract

This article posits that gross breaches of the human right to political participation – in electoral contexts and more generally – are a central (if so far implicit) preoccupation of international criminal law. In particular, drawing on case law concerning attacks instigated by political organisations against their opponents, the author suggests that infringements of political participation can and do pervade the contextual elements of crimes against humanity. More concretely, depending on the circumstances, the author argues that deprivations of political participation may constitute the underlying offence of persecution. The elucidation of this link serves to refine our understanding of crimes against humanity, enhance the potential for comprehensive transitional justice, promote the systemic integrity of international law and highlight the importance attached to democratic values.