ABSTRACT
Global constitutionalism is the idea that there is a constitutional order at the global level. For some, this constitutionalism finds expression in the increasing constitutionalisation of international law. The International Criminal Court, can be evaluated in two ways according to the idea of constitutionalism. First can assess whether it can advance justice in particular cases in terms of the internal mechanisms by which it functions. The second way the court can be evaluated is how it sits within the wider international order. This moves the argument from a constitutional to a global constitutional dimension. The court is a treaty-based organisation and thus has legitimacy and authority on the basis of positive international law. Its origins in a treaty give it more legitimacy, perhaps, than the international criminal tribunals that were created by the United Nations Security Council through resolutions and thereby imposed on states.
