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

Zammit Borda, A. ORCID: 0000-0003-0685-3859 & Mandelbaum, S. (2022). ‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals (City Law School Research Paper 2022/05). London, UK: City Law School, City, University of London.

Abstract

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.

Publication Type: Monograph (Discussion Paper)
Additional Information: Copyright 2022 the authors
Publisher Keywords: People’s Tribunals, legitimacy, access to justice, legal pluralism, gross human rights abuses
Subjects: H Social Sciences > HN Social history and conditions. Social problems. Social reform
K Law
Departments: The City Law School > Academic Programmes
The City Law School > CLS Working Paper Series
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