2015
DOI: 10.1163/17087384-12342056
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The Antinomies of Legitimacy: On the (Im)possibility of a Legitimate International Criminal Court

Abstract: This paper critically analyzes the concept of legitimacy as it applies to international criminal law. Using the referral of the situation in Darfur to the International Criminal Court (icc) – and the resultant disagreement between Sudan, the African Union, and the icc – as an entry point, it examines the discourse about the referral as a contest of legitimacy. After placing this specific example in the context of theories of legitimacy, it argues that there are no objective criteria for determining the legitim… Show more

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Cited by 4 publications
(3 citation statements)
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“…This is the dialectic of legitimacy: the fact that the perceived legitimacy and the normative legitimacy of the institution are dependent on each other and that each aspect can only be understood by examining it in relation to the other. Legitimacy is based not only on the legal system's accordance with particular just foundations and principles, but also on the perception of legitimacy by both the international and the local populations (Fisher 2012; Kiyani 2015a). Perceived legitimacy is not ‘whether or not a particular criminal justice approach can be justified as legitimate on a theoretical level [but] … whether or not various local and international communities are likely, as a practical matter, to “buy in” to the approach and treat the activities of the institutions involved as legitimate’ (Dickenson 2003: 301).…”
Section: Legitimacy and The Foundations Of International Criminal Lawmentioning
confidence: 99%
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“…This is the dialectic of legitimacy: the fact that the perceived legitimacy and the normative legitimacy of the institution are dependent on each other and that each aspect can only be understood by examining it in relation to the other. Legitimacy is based not only on the legal system's accordance with particular just foundations and principles, but also on the perception of legitimacy by both the international and the local populations (Fisher 2012; Kiyani 2015a). Perceived legitimacy is not ‘whether or not a particular criminal justice approach can be justified as legitimate on a theoretical level [but] … whether or not various local and international communities are likely, as a practical matter, to “buy in” to the approach and treat the activities of the institutions involved as legitimate’ (Dickenson 2003: 301).…”
Section: Legitimacy and The Foundations Of International Criminal Lawmentioning
confidence: 99%
“…As noted, there is a genuine problem with a system that holds itself up as an arbiter of global justice but allows some actors to dictate who should be judged and who should not. There is no reason to believe that Asad Kiyani is incorrect in saying ‘states would support the ICC in pursuing al-Bashir and other heads of State, for example, if they believed in the moral authority and fairness of the Court’ or that the fact that states are increasingly questioning the moral authority and fairness of the Court is unreasonable (Kiyani 2015a: 11).…”
Section: The Moral Weight Of African Criticismsmentioning
confidence: 99%
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