Some Considerations on Why (and How) Criminal Law Should Turn International

Abstract

Abstract This article analyses the three theoretical presuppositions for an international dimension of criminal law to be successfully established. The first consists in the redefinition of the concept of sovereignty. Indeed, since sovereign power is usually understood as located within the boundaries of the individual states, it is necessary, for criminal law to turn international, that sovereignty is made compatible with cosmopolitan obligations. On the other hand, the reshaping of sovereignty can only be conceived on the basis of a universalistic understanding of the common good. Accordingly, the second step must lead to the transition from a particularistic to a universalistic idea of the well-ordered society. Thirdly, to avoid a hierarchical and centralized approach to international criminal justice, a notion of universalism should be preferred that, by making it sensitive to pluralism, also advocates an implementation of international criminal law which is prone to empowering national and local communities.