Earning its Keep

Abstract This article suggests a framework for assessing legitimacy in the particularly volatile context within which the Special Criminal Court (SCC or ‘the Court’) for the Central African Republic (CAR) operates. The legitimacy of the SCC will be tested on two levels: the normative level and the sociological level. In terms of key normative legitimacy criteria, namely the establishment as well as the effectiveness of the court, the Court has earned substantial legitimacy to date. With regard to sociological legitimacy, there are indications that the Court has been positively received by the local population. The legitimacy deficits or defects at the SCC are primarily due to unreliable and fluctuating political will, political interference, and inadequate resourcing. However, the fact that the SCC has functioned, met fair trial guarantees, and won the confidence of the local population in spite of these problems lends legitimacy to the Court.