Rebel Courts

The Administration of Justice by Armed Insurgents

René Provost

Offers unique insight by drawing on extensive field work on the courts established by non-state armed groups
Provides legal analysis enriched by insights from other disciplines, including international humanitarian law, international human rights law, international criminal law, as well as political science, anthropology, and international relations
Compares the realities of a number of different armed groups across the world, assessing the meaning and effectiveness of global legal standards under public international law

Winner of the 2022 ICON-S Book Prize

Rebel Courts

The Administration of Justice by Armed Insurgents

René Provost

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.

Winner of the 2022 ICON-S Book Prize

Rebel Courts

The Administration of Justice by Armed Insurgents

René Provost

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

Winner of the 2022 ICON-S Book Prize

Rebel Courts

The Administration of Justice by Armed Insurgents

René Provost

Author Information

René Provost, Professor of Law, McGill University

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.