Does the involvement of global civil society make international decision-making more democratic? The case of the International Criminal Court

The negotiation and contents of the Statute for an International Criminal Court (ICC) were strongly influenced by global civil society actors. After examining definitions of global civil society, this article will consider whether and why such involvement of non-governmental actors in international negotiations should be considered desirable. In particular it will assess, in the light of the ICC negotiations, to what extent global civil society democratizes international decision-making processes, considering as elements of democracy: transparency, equality and deliberation, representation and participation. While concluding that this is only very partially the case, the final section will suggest that the tortured democracy question is not the only justification for global civil society involvement in international fora. It will discuss the much overlooked and by no means unproblematic 'ethical contribution' of global civil society and offer a qualified defence of more international law, with more global civil society participation, on this basis.