An Overview of Existing Policies

  1. The Rome Statute of the International Criminal Court (ICC) establishes the ICC with jurisdiction over war crimes, crimes against humanity, genocide, and aggression. However, it does not explicitly define "crimes against democracy."

    Source: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf 

  2. UN resolutions and reports by the UN Human Rights Commission have acknowledged the importance of democracy and referenced a "right to democracy," but international law has not yet firmly established democracy as a recognized human right.

    The Human Rights Commission of the United Nations in 1999 → resolution about the right to democracy

    Source: https://press.un.org/en/1999/19990428.hrcn937.html, https://unwatch.org/issue-29-1999-un-commission-human-rights-resolution-right-democracy/  

  3. Regional frameworks like the European Union have mechanisms to enforce democratic principles for member states, such as Article 2 of the EU Treaty on upholding the rule of law. But enforcement of democratic norms internationally is still developing

    Source: https://www.europarl.europa.eu/ftu/pdf/en/FTU_4.1.2.pdf 

    There are certain Protocols/Laws/Initiatives especially at a national level that could help inform defining “crimes against democracy”. In the case of Spain:

    Article 510 of the Spanish Criminal Code, which prohibits public glorification or justification of terrorism or other crimes against humanity. This establishes a precedent for criminalizing speech that undermines democratic values.

    Source: https://www.iberley.es/legislacion/articulo-510-codigo-penal 

    Organic Law 8/2007 regulates political financing and transparency in Spain. It prohibits illegal financing of political parties, corruption, and money laundering - upholding integrity of democratic processes.

    Source: https://www.boe.es/buscar/act.php?id=BOE-A-2007-13022 

    The Spanish Electoral Law (LOREG) establishes offences related to improper influence, coercion and misinformation during electoral processes. This aims to safeguard free and fair elections as a pillar of democracy

    Source: https://www.juntaelectoralcentral.es/cs/jec/loreg