Justice mechanisms and the question of legitimacy: the example of Rwanda's multi-layered justice mechanisms

Open Access
Authors
Publication date 2009
Host editors
  • K. Ambos
  • J. Large
  • M. Wierda
Book title Building a future on peace and justice: studies on transitional justice, peace and development: the Nuremberg Declaration on Peace and Justice
ISBN
  • 9783540857532
Event Building a future on peace and justice
Pages (from-to) 175-202
Publisher Berlin: Springer
Organisations
  • Faculty of Law (FdR)
Abstract
Legitimacy, this contribution argues, plays a key role in connecting transitional justice mechanisms to sustainable peace, and strengthening people's perceptions of legitimacy should be of concern to all those involved in these institutions. Here, it is important to take an empirical, people-based approach to legitimacy, with regard for its dynamic quality. This approach should focus on all three dimensions of legitimacy: the input into transitional justice mechanisms, the popular adherence to the demos that sets them up, and their output. In addition, legitimacy requires an explicit deliberation by means of justificatory discourse, and the involvement of all stakeholders. Drawing on the example of Rwanda's multi-layered justice mechanisms this model then draws attention to the processes through which various internal and external actors can seek to (de)legitimate transitional justice institutions, and what this entails for the legitimacy of these mechanisms in general.
Document type Conference contribution
Published at https://doi.org/10.1007/978-3-540-85754-9_7
Downloads
302965.pdf (Final published version)
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