Suhong Yang on Legitimacy of International and Hybrid Criminal Tribunals: Political, Normative, Economic, and Sociological Perspectives (Denver Journal of International Law & Policy)

"Legitimacy of International and Hybrid Criminal Tribunals: Political, Normative, Economic, and Sociological Perspectives"
Suhong Yang (Global Academic Fellow)
Denver Journal of International Law & Policy, Issue 53:1, pp. 1 - 50
Published in March 2025

Abstract: This article examines the legitimacy of international and hybrid criminal tribunals that try atrocities crimes in post-conflict situations. It addresses legitimacy from political, normative, economic, and sociological perspectives. Political legitimacy focuses on the creation of authority. Normative legitimacy emphasizes the criteria for justifications, considering justice, independence, fairness, legality, and effectiveness as metrics. Economic legitimacy explores the cost, i.e., time and money, to address cases, as delayed or expensive justice suffers. Sociological legitimacy reflects the acceptance of the institution by the public, focusing on audiences’ perceptions of legitimacy. Multi-layered audiences make determinations about an institution’s legitimacy based on their cognitions, which may relate to their culture, identity, and knowledge. Eventually, the least legitimacy requirement asks for (1) a proper authority of creation, (2) well-defined justice the court pursues,  (3) process with fairness, (4) independent, unbiased, and competent adjudicators, and (5) a certain degree of public trust especially among the affected populations.