Human Dignity and Criminal Law: A Legal-Philosophical Approach

Human dignity has become the object of primary normative protection and an actionable and operative norm permeating the whole body of international law, with specific reference to human rights law. When it comes to international criminal justice, human dignity can be interpreted expansively, in the sense that it allows judges to address and punish conduct that was not clearly proscribed under positive law, thus expanding the reach of the courts. Dignity as a concept represents the influence of human rights logic over international criminal law. The expansive use of dignity stands in tension with the basic principles of liberal criminal justice systems, which emphasise the narrow interpretation of legal rules of conduct. There is thus a need to inquire whether the concept of human dignity may take on a more determined, stable, and well-understood role in the development of international criminal justice. Where a court adopts vague or limited substantive provisions to criminalise previously unaddressed conduct, it comes into conflict with the principle of legality. Here we are faced with a tension between expansive uses of dignity and the principle of legality. The principle of legality is an essential protection against abuse and arbitrary power. In this perspective, there is a close connection between legality and the rule of law.