Rebel Courts

The Administration of Justice by Armed Insurgents

René Provost (Professor of Law, Professor of Law, McGill University)

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English

Oxford University Press Inc
09 July 2021

International relations; International humanitarian law; International criminal law

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.

By: René Provost (Professor of Law Professor of Law McGill University)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 163mm, Width: 239mm, Spine: 36mm
Weight: 885g
ISBN: 9780190912222
ISBN 10: 0190912227
Pages: 488
Publication Date: 09 July 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

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.

Reviews for Rebel Courts: The Administration of Justice by Armed Insurgents

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 *

Winner of Winner, Certificate of Merit for a Preeminent Contribution to Creative Scholarship, American Society of International Law Winner, ICON-S Book Prize, The International Society of Public Law.
Winner of Winner, ICON-S Book Prize, The International Society of Public Law.