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‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

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posted on 2023-10-12, 08:48 authored by Aldo Zammit Borda, Stefan Mandelbaum

In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice. The dominant view has been that PTs simply lack legitimate authority. Positing that, in the language game of legitimacy, PTs are put on a perpetual argumentative backfoot, this article examines aspects of their input, process and output legitimacy. It is argued that the right of victims‐survivors to be heard reigns supreme and it is in upholding that right that the authority of PTs is legitimised. In the current state of international justice, PTs constitute indispensable, quasi‐judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.

History

Author affiliation

School of Law, University of Leicester

Version

  • VoR (Version of Record)

Published in

The Modern Law Review

Volume

86

Issue

1

Pagination

67 - 84

Publisher

Wiley

issn

0026-7961

eissn

1468-2230

Copyright date

2022

Available date

2023-10-12

Language

en

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