Discussion Panel Summary

“How to define Crime Against Democracy?” delved into the matter of defining crimes against democracy and countering authoritarian threats globally. Panellists debated the relationship between democracy, technology, and human rights. They highlighted erosion of free speech, media polarisation, and exclusion of opposing views as risks to democracy. Panellists proposed defining democracy as an international human right and establishing an International Constitutional Court to invalidate rigged elections and strengthen opposition to dictatorships. The discussion addressed protecting whistleblowers, who expose crimes and threats against democracy. Panellists agreed on pursuing legal recognition of democracy, supporting democratic institutions through initiatives like a "Marshall Plan," and enforcing rules on separation of powers and judicial independence. Moncef Marzouki proposed establishing an International Constitutional Court to help prevent dictatorships and advocated exploring new solutions. Ulrike Guérot defined key aspects of democracy and argued technologies like algorithms threaten democratic principles through censorship and homogenising opinions. Dana Gold introduced the panellists and shared examples of threats to democracy witnessed in the US, highlighting the important role of whistleblowers. Dr. John Barker emphasised sovereignty resides with citizens, not leaders, and discussed pillars of democracy like separation of powers that address erosion of trust in institutions. José Igreja Matos called for initiatives like a "Marshall Plan for democracy" and stricter enforcement of rules on judicial independence for EU member states.

Calls for Action

  1. We propose to define democracy as a human right under international law: formally establishing democracy as a recognized human right, which would lay the groundwork for holding actors accountable for actions that violate democratic principles and processes (see Appendix).

    1. Definition: Democracy is a system of governance in which sovereign political power ultimately resides in the citizens, who have the right to participate in free and fair elections to elect their political representatives on a regular basis among other core principles such as the respect for human rights and fundamental freedoms

    2. An International Constitutional Court would have a mechanism for receiving petitions/complaints from opposition groups or civil society within a state, alleging violations related to unfree elections or constitutional subversion.

  2. Democratic countries establish an International Constitutional Court: potential of a court that could invalidate rigged elections in non-democratic countries and strengthen opposition to dictatorships, as a way to help prevent the rise of authoritarianism (see Appendix).

    1. An International Constitutional Court could be established through a multilateral treaty process open to all UN member states, but would require ratification by a minimum number of democracies to enter into force.

    2. Potential roles discussed in the panel included reviewing elections in authoritarian regimes at the request of opposition groups, and declaring elections invalid if found to be unfree or unfair based on evidence presented

  3. "Marshall Plan" for democracy: initiative similar to the post-WWII Marshall Plan that would provide funding and support to bolster democratic institutions in countries committed to democracy (see Appendix).

    1. Potential areas the funding could support include: education programs promoting civic engagement and democratic values, capacity building for independent media, NGOs and watchdog groups, rule of law reforms like judicial training and anti-corruption initiatives, election administration assistance and monitoring missions or infrastructure to enable free and fair political participation

  4. Enforce EU Treaty on rule of law: the European Commission needs to more clearly enforce Article 2 of the EU Treaty requiring all member states to uphold the rule of law and not compromise on democratic principles (see Appendix).

    1. Currently the European Commission has some ability to take member states that are violating the principles of Article 2 to the European Court of Justice. It could be explored how to take this Treaty and apply it on a global scale 

  5. Prevent dictatorships with new solutions: continually exploring innovative ways to help prevent authoritarian regimes from rising to power (see Appendix).

    1. Proposals encompass establishing an International Constitutional Court, increasing funding for civil society and independent media, monitoring elections closely through international observation missions, and imposing targeted sanctions against governments undermining democracy

      1. Sanctions work best when objectives are clearly defined, implemented multilaterally, and target specific individuals or sectors. (for more information, see Appendix: Sanctions)

Overview of Existing Policies

Main Outcomes

  1. Establish democracy as an international human right through a new legal framework or treaty.

  2. Create an International Constitutional Court to uphold democratic processes and norms globally.

  3. Provide funding for democratic institutions, civil society and media based on the post-WWII Marshall Plan.

  4. Enforce existing laws and regulations more strictly in areas like EU rule of law and US antitrust

  5. Recognize the role of whistleblowers and free press in exposing threats to democracy

  6. Maintain flexibility in democratic standards while upholding free elections, civil liberties, and peaceful transfers of power