Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of
armed groups, a phenomenon never studied comprehensively until now.
Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka),
PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the
establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups.
With legal analysis enriched by insights from other
disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Introduction
Chapter 1: Rebel Rule of Law and FARC Justice
Chapter 2: Legality of Rebel Courts - Islamic State and Taliban Justice
Chapter 3: Rebel Jurisdiction, Due Process, and Tamil Tiger Justice
Chapter 4: The Legal Rayonnement of Rebel Justice: Recognition,
Complementarity, and Kurdish Courts
Conclusion
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René Provost, Ad.E. FRSC, is Professor of Law at McGill University. As a senior counsel at the Bar of the Province of Québec, he has acted as amicus curiae before the European Court of Human Rights, the Inter-American Court of Human Rights, and the Extraordinary Chamber of the Courts of
Cambodia. Professor Provost is also a Fellow of the Royal Society of Canada and the Pierre Elliot Trudeau Foundation.
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Principles of Evidence in International Criminal Justice - Edited by Karim A. A. Khan, Caroline Buisman and Chris Gosnell
The Accountability of Armed Groups under Human Rights Law - Katharine Fortin
Foreword by Andrew Clapham
Internationalized Armed Conflicts in International Law - Kubo Macak
The Law of Non-International Armed Conflict - Sandesh Sivakumaran
Detention in Non-International Armed Conflict - Lawrence Hill-Cawthorne
