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John Peterson and Andrea Birdsall

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Andrea Birdsall and Anthony F. Lang, Jr.

How does the International Criminal Court (ICC) embody the principles of constitutionalism? In order to answer this question, this chapter proposes two types of constitutionalism: international constitutionalism, which describes a legal and political order in which states are the primary agents, and global constitutionalism, in which individual people are the primary agents. We argue that the Court incorporates aspects of both forms. To make this argument, we first use ideas of global constitutionalism to look to the ICC’s institutional structure and assess its first ever case which established many of its procedures and practices. We then assess the Court’s role in the international legal and political order to advance ideas of international constitutionalism.