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.

"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.

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.

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.

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.’

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.

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

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.

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. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.