
Rebel Courts
The Administration of Justice by Armed Insurgents
Rene Provost(Author)
Oxford University Press Inc
Published on 12. October 2021
Book
Hardback
488 pages
978-0-19-091222-2 (ISBN)
Description
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.
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.
Reviews / Votes
Rebel Courts is an exceptional book. The breadth of practice of armed groups collected, cited, and analyzed by Provost will, without a doubt, offer important insights to generations of scholars interested in rebel governance, rebel law, and rebel administration of justice. The book will also, hopefully, inspire more international lawyers to engage in fieldwork and with legal pluralism. * Alessandra Spadaro, Journal of International Humanitarian Legal Studies * Rebel Courts is a remarkable piece of academicliterature and undeniably a core addition to international legal scholarship. The strengthof the book lies in the detailed analysis of somekey armed groups' practices and a groundbreakinglegal conclusion, which encourage states andpractitioners alike to consider, in some circumstances, the validity and even legitimacy ofarmed groups justice. Not an easy recommendationto make given the (sometimes justified) badreputation, surrounding armed groups in contemporary international relations, to say the least. * Annyssa Bellal, The American Journal of International Law *More details
Language
English
Place of publication
New York
United States
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 31 mm
Weight
892 gr
ISBN-13
978-0-19-091222-2 (9780190912222)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

E-Book
06/2021
OUP eBook
€85.99
Available for download

E-Book
06/2021
OUP eBook
€85.99
Available for download
Person
Rene Provost, Ad.E. FRSC, is Professor of Law at McGill University. As a senior counsel at the Bar of the Province of Quebec, 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.
Content
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
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