Opinion Tribunals and the Permanent People's Tribunal
Date
2015
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OBSERVARE. Universidade Autónoma de Lisboa
Language
English
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Abstract
There is dialectic between public opinion and the enforcement of justice by the competent
authorities. History contains numerous examples where international opinion movements
demonstrate against judicial decisions, since, either by act or by omission, established
jurisdictions sometimes pronounce questionable verdicts or leave unpunished crimes that
were committed. These demonstrations take a variety of forms, ranging from the
international commission of inquiry to the truth and reconciliation commissions. Among such
exercises of citizenship from civil society, the so-called “opinion tribunals” stand out, whose
first major initiative was due to Lord Bertrand Russell in the 1960s. Following this tradition,
the Permanent Peoples’ Tribunal has been very active between 1979 and 2014, organizing
deliberative assemblies and pronouncing decisions in a “quasi-judicial” framework. Its critics
point a finger at the resemblance of justice used for ideological purposes, but the legitimacy
of these initiatives, backed by current international law, is defendable for their capacity to
shake consciences and for being a legal innovation at the service of the right of peoples.
Keywords
International law, public opinion, opinion tribunals, peoples’ rights, legal constructivism, Direito internacional, Opinião pública, Tribunais de opinião, Direitos dos povos, Construtivismo jurídico
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Journal article
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Open Access