A Positivistic Study on the Indicia and Factors Inducing Legality and Legitimacy in International Criminal Justice

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Legitimacy, in contrast with the notions of legality or lawfulness, has only recently received considerable attention in the international community. Countries around the world have gradually shifted their interests from defending their sovereignty to the protection of individual human rights. The case has often been made that legality could be challenged by the ethical, humanitarian, or political demands of legitimacy. The humanitarian demands of legitimacy partly account for the advent of international criminal justice. The legitimacy of international criminal institutions has also been discussed in many different ways. Such discussions may be divided into three categories: democratic legitimacy, procedural legitimacy, and social legitimacy. This research demonstrated the indicia and the evaluation of each type of legitimacy by examining international practices. The research developments were published in the Journal of Int'l Law and Diplomacy and presented at various conferences.