Aspects of Legitimacy of Decisions of International Courts and Tribunals

In considering the use of force outside the parameters of the U.N. Charter, the expression “illegal, but legitimate” has been used, in particular in the Goldstone report.1 In that context, legitimacy as opposed to legality is used to indicate a judgement based on values different from those of conformity with the law. These values include moral principles such as the safeguarding of human life and dignity. “Legitimate” indicates a perception of acceptability in light of these values.