Between International Criminal Justice and Injustice: Theorising Legitimacy
C. Bailliet and N. Hayashi (eds.), The Legitimacy of International Criminal Tribunals (Cambridge University Press 2016)
26 Pages Posted: 27 Sep 2015 Last revised: 19 Jun 2017
Date Written: September 25, 2015
The attention the concept of legitimacy has received in international criminal law is incommensurate to its pervasive use in scholarship and definitional challenges it poses. The chapter introduces and reflects on the current state of the debate on legitimacy of international criminal justice. The chapter defines legitimacy by comparing it to competing notions and outlines its normative and sociological conceptions. It then discusses the taxonomies and types of legitimacy which may be useful for the purpose of justifying and critiquing the international criminal tribunals’ authority. The chapter concludes with remarks on the added value and functions of the legitimacy discourse in the field of international criminal justice.
Keywords: international criminal tribunals, critique, normative legitimacy, sociological legitimacy, legality
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