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Legitimacy and Criminal JusticeAn International Exploration$
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Justice Tankebe and Alison Liebling

Print publication date: 2013

Print ISBN-13: 9780198701996

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780198701996.001.0001

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Legitimacy and the Development of International Standards for Punishment

Legitimacy and the Development of International Standards for Punishment

(p.267) 13 Legitimacy and the Development of International Standards for Punishment
Legitimacy and Criminal Justice

Dirk van Zyl Smit

Oxford University Press

The chapter addresses the role that legitimacy plays in the development of international standards for the imposition and implementation of punishment. It does not address the legitimacy of international criminal justice generally. In the first instance, the chapter seeks to establish what "international standards of punishment" are. It identifies various sources of such standards, including instruments that establish specific rules on aspects of punishment, and judgments of international and regional courts and tribunals that develop specific standards in the course of pronouncing judgments in cases brought before them. The chapter asks what is meant by legitimacy in the specific context of international standard setting in respect of punishment. It then considers the emergence of a number of international instruments related to punishment in order to identify the way in which concerns about legitimacy shaped that process.

Keywords:   legitimacy, human rights, punishment, international standards

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