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Legalization and the Legitimation of the Use of Force: Revisiting Kosovo,…
Legalization and the Legitimation of the Use of Force: Revisiting Kosovo
Legitimacy
Perceived as normatively valid by the relevant audience.
Perception, normative validity, and audience.
Tool for actors to use, manipulate, and extract a validation
Kosovo´
Illegal but legitimate
Kosovo as a threat to international peace and security, not an internal affair.
Systematic violations of international law.
Veto as legal-institutional sabotage.
Securing UNSC legitimation of the outcome of NATO’s military operations.
Use of force
Moral discurse
The enactment of a moral imperative.
Political discourse
Rule of the game
Legal discourse
Compatibility with international law.
Strategic manipulation of the law to advance claims and counterclaims about an action’s lawfulness.
Legitimation
The process through which actors attempt to render an action legitimate.
Manipulating to demonstrate the correspondence between the action and the discourse invoked.
UN-ization
Legitimation has become legalized not because legitimacy has become dependent on legality but simply because states have tended to debate the legitimacy of the use of force in the UNSC.
Legalization also has implications concerning the distribution of power in the international system.
María Ines Salazar A01027120