Rebel Courts

Author : René Provost
Publisher : Oxford University Press
Page : 489 pages
File Size : 45,5 Mb
Release : 2021
Category : Law
ISBN : 9780190912222

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Rebel Courts by René Provost Pdf

Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by 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).

Author : Frank Ledwidge
Publisher : Oxford University Press
Page : 230 pages
File Size : 49,8 Mb
Release : 2017
Category : Counterinsurgency
ISBN : 9781849047982

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Rebel Law by Frank Ledwidge Pdf

"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.

Author : René Provost
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,7 Mb
Release : 2021-06-18
Category : Law
ISBN : 9780190912246

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Rebel Courts by René Provost Pdf

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.

Author : Hyeran Jo
Publisher : Cambridge University Press
Page : 355 pages
File Size : 47,6 Mb
Release : 2015-08-21
Category : Law
ISBN : 9781107110045

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Compliant Rebels by Hyeran Jo Pdf

This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 43,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Author : Ana Arjona,Nelson Kasfir,Zachariah Mampilly
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,9 Mb
Release : 2015-10-22
Category : Political Science
ISBN : 9781316432389

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Rebel Governance in Civil War by Ana Arjona,Nelson Kasfir,Zachariah Mampilly Pdf

This is the first book to examine and compare how rebels govern civilians during civil wars in Latin America, Africa, Asia, and Europe. Drawing from a variety of disciplinary traditions, including political science, sociology, and anthropology, the book provides in-depth case studies of specific conflicts as well as comparative studies of multiple conflicts. Among other themes, the book examines why and how some rebels establish both structures and practices of rule, the role of ideology, cultural, and material factors affecting rebel governance strategies, the impact of governance on the rebel/civilian relationship, civilian responses to rebel rule, the comparison between modes of state and non-state governance to rebel attempts to establish political order, the political economy of rebel governance, and the decline and demise of rebel governance attempts.

Author : Zachariah Cherian Mampilly
Publisher : Cornell University Press
Page : 319 pages
File Size : 42,5 Mb
Release : 2011-10-07
Category : Political Science
ISBN : 9780801462986

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Rebel Rulers by Zachariah Cherian Mampilly Pdf

Rebel groups are often portrayed as predators, their leaders little more than warlords. In conflicts large and small, however, insurgents frequently take and hold territory, establishing sophisticated systems of governance that deliver extensive public services to civilians under their control. From police and courts, schools, hospitals, and taxation systems to more symbolic expressions such as official flags and anthems, some rebels are able to appropriate functions of the modern state, often to great effect in generating civilian compliance. Other insurgent organizations struggle to provide even the most basic services and suffer from the local unrest and international condemnation that result. Rebel Rulers is informed by Zachariah Cherian Mampilly's extensive fieldwork in rebel-controlled areas. Focusing on three insurgent organizations—the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, the Rally for Congolese Democracy (RCD) in Congo, and the Sudan People's Liberation Movement/Army (SPLM/A) in Sudan—Mampilly's comparative analysis shows that rebel leaders design governance systems in response to pressures from three main sources. They must take into consideration the needs of local civilians, who can challenge rebel rule in various ways. They must deal with internal factions that threaten their control. And they must respond to the transnational actors that operate in most contemporary conflict zones. The development of insurgent governments can benefit civilians even as they enable rebels to assert control over their newly attained and sometimes chaotic territories.

Author : James A. Anderson
Publisher : University of Washington Press
Page : 295 pages
File Size : 52,7 Mb
Release : 2012-09-01
Category : History
ISBN : 9780295800776

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The Rebel Den of Nung Trí Cao by James A. Anderson Pdf

The Rebel Den of Nung Tri Cao examines the rebellion of the eleventh-century Tai chieftain Nung Tri Cao (ca. 1025-1055), whose struggle for independence along Vietnam's mountainous northern frontier was a pivotal event in Sino-Vietnamese relations. Tri Cao's revolt occurred during Vietnam's earliest years of independence from China and would prove to be a vital test of the Vietnamese court's ability to confront local political challenges and maintain harmony with its powerful northern neighbor. Tri Cao established his first kingdom in 1042, at the age of seventeen, but was captured by Vietnamese troops. After his release in 1048, he announced the founding of a second kingdom, but an attack by Vietnamese forces drove him to flee into Chinese territory. Tri Cao made his final attempt in 1052, proclaiming a new kingdom and leading thousands of his subjects in a revolt that swept across the South China coast. But within a year, Chinese imperial troops had forced him to flee to the nearest independent kingdom. Official Chinese and Vietnamese accounts of the rebel leader's end vary: according to the Chinese, the ruler of the independent kingdom had Tri Cao executed, but in popular accounts, Tri Cao was granted safe passage into northern Thailand, where his descendants are said to flourish today. Scholar James Anderson places Tri Cao in context by exploring the Sino-Vietnamese tributary relationship and the conflicts that engaged both the Song and Vietnamese courts. The Rebel Den of Nung Tri Cao reconstructs the series of negotiations that took place between border communities and representatives of the imperial courts, examining the ways in which Tai and other ethnic groups deftly navigated the unstable political situation that followed the demise of China's cosmopolitan Tang dynasty. Though his rebellion was ill-fated, Tri Cao is, almost a thousand years later, still worshipped in temples along the Sino-Vietnamese border, and his memory provides a point of unity for people who have become separated by modern political boundaries.

Author : Antony Lentin
Publisher : Cambridge Scholars Publishing
Page : 205 pages
File Size : 52,5 Mb
Release : 2017-03-07
Category : Law
ISBN : 9781443878647

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Mr Justice McCardie (1869-1933) by Antony Lentin Pdf

According to the Law Journal in 1932, ‘No present-day figure on the Bench is of greater interest than Mr Justice McCardie’. A High Court Judge from 1916 to 1933, no twentieth-century judge was more conspicuous or controversial. To his critics, he was a ‘rogue judge’ whose headline-hitting pronouncements often angered his fellow judges, called down the ire of the Churches, provoked calls in Parliament for his removal and earned a public rebuke from the Prime Minister. To his admirers, he was ‘a Crusader on the Bench’, a pioneer who denounced outdated laws, strove to make the law meet the needs of modern society and boldly championed women’s causes, birth control and abortion. The Law Quarterly Review described him as ‘one of the most interesting men in the history of the English Bench.’

Author : Ashley Jackson
Publisher : Oxford University Press
Page : 128 pages
File Size : 49,8 Mb
Release : 2021-12-01
Category : History
ISBN : 9780197644140

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Negotiating Survival by Ashley Jackson Pdf

Two decades on from 9/11, the Taliban now control more than half of Afghanistan. Few would have foreseen such an outcome, and there is little understanding of how Afghans living in Taliban territory have navigated life under insurgent rule. Based on over 400 interviews with Taliban and civilians, this book tells the story of how civilians have not only bargained with the Taliban for their survival, but also ultimately influenced the course of the war in Afghanistan. While the Taliban have the power of violence on their side, they nonetheless need civilians to comply with their authority. Both strategically and by necessity, civilians have leveraged this reliance on their obedience in order to influence Taliban behaviour. Challenging prevailing beliefs about civilians in wartime, Negotiating Survival presents a new model for understanding how civilian agency can shape the conduct of insurgencies. It also provides timely insights into Taliban strategy and objectives, explaining how the organisation has so nearly triumphed on the battlefield and in peace talks. While Afghanistan's future is deeply unpredictable, there is one certainty: it is as critical as ever to understand the Taliban--and how civilians survive their rule.

Author : Simon M. Meisenberg,Ignaz Stegmiller
Publisher : Springer
Page : 612 pages
File Size : 43,8 Mb
Release : 2016-03-30
Category : Law
ISBN : 9789462651050

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The Extraordinary Chambers in the Courts of Cambodia by Simon M. Meisenberg,Ignaz Stegmiller Pdf

This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 247 pages
File Size : 50,8 Mb
Release : 2017-04-18
Category : Political Science
ISBN : 9781501708411

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Power and Principle by Christopher Rudolph Pdf

On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world’s most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Author : Ana Arjona,Nelson Kasfir,Zachariah Mampilly
Publisher : Cambridge University Press
Page : 329 pages
File Size : 42,8 Mb
Release : 2015-10-22
Category : History
ISBN : 9781107102224

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Rebel Governance in Civil War by Ana Arjona,Nelson Kasfir,Zachariah Mampilly Pdf

The topic of this book is how rebels govern civilians during civil war. It takes a worldwide comparative approach. Its theoretical analyses involve issues in the characteristics, emergence, evolution, decline, and consequences of rebel governance. Its empirical accounts discuss insurgent groups around the globe, including Latin American, African, Asian, and European cases.

Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Publisher : Cambridge University Press
Page : 1199 pages
File Size : 53,8 Mb
Release : 2019-05-16
Category : History
ISBN : 9781108422734

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The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author : Alabama. Supreme Court
Publisher : Unknown
Page : 818 pages
File Size : 51,6 Mb
Release : 1871
Category : Law reports, digests, etc
ISBN : CORNELL:31924106591716

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Reports of Cases Argued and Determined in the Supreme Court of Alabama by Alabama. Supreme Court Pdf