Categorical Jurisdiction - A Universal Moral Foundation for International Crimes

Abstract

This thesis inquires into the possibility of providing a universal and categorical moral foundation for the criminal jurisdiction of the International Criminal Court. In attempting to identify such a foundation it provides an overview of the most important relevant moral theories, and ultimately focuses on the moral theories of Immanuel Kant and Alan Gewirth. Although the conclusion is reached that neither moral theory is able to provide for a truly universal moral foundation for international criminal jurisdiction, it goes on to inquire into the possible applications of the moral theory of Immanuel Kant for international criminal jurisdiction. In doing so, it provides for a limited adaptation to the current list of crimes which fall under the jurisdiction of the International Criminal Court