Rebel Courts最新文献

Rebel Rule of Law and FARC Justice 叛军法治和哥伦比亚革命武装力量正义

Rebel Courts Pub Date : 2021-06-25 DOI: 10.1093/oso/9780190912222.003.0002

Réné Provost

{"title":"Rebel Rule of Law and FARC Justice","authors":"Réné Provost","doi":"10.1093/oso/9780190912222.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780190912222.003.0002","url":null,"abstract":"Chapter 1 considers the compatibility of the rebel administration of justice with the concept of the rule of law, using the FARC in Colombia as a case study. The Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo (FARC) was the largest non-state armed group during five decades of civil war in that country. At its peak, it wielded dominant territorial authority in more than half of Colombian municipalities. While it generally did not establish standing institutions to administer justice, it imposed legal norms, co-opted existing community justice mechanisms, and established informal and hybrid practices to settle legal disputes in the civil and criminal law fields. FARC justice practices are used to explore the concept of the rule of law, an essentially contested legal concept that cannot be exclusively attached to the modern state. The rule of law is shown to be a concept with a flexible content, modulated by circumstances such as the onset of armed conflict. Elements of a rebel rule of law adapted to the nature of non-state armed groups and context of armed conflict are articulated based on applicable international humanitarian and human rights law. Finally, the principle of state sovereignty is analysed to show that it does not impart exclusive jurisdiction to the state over the administration of justice, but instead can accommodate justice practices by a diversity of actors, including non-state armed groups in conflict zones.","PeriodicalId":163354,"journal":{"name":"Rebel Courts","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126226656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Conclusion 结论

Rebel Courts Pub Date : 2021-06-25 DOI: 10.1093/oso/9780190912222.003.0006

Réné Provost

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The Legal Rayonnement of Rebel Justice: Recognition, Complementarity, and Kurdish Courts 反叛正义的法律立场:承认、互补性和库尔德法院

Rebel Courts Pub Date : 2021-06-25 DOI: 10.1093/oso/9780190912222.003.0005

Réné Provost

{"title":"The Legal Rayonnement of Rebel Justice: Recognition, Complementarity, and Kurdish Courts","authors":"Réné Provost","doi":"10.1093/oso/9780190912222.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780190912222.003.0005","url":null,"abstract":"Chapter 4 analyses the possible legal recognition of insurgent justice by other actors, using the judicial practice of three independent Kurdish non-state armed groups in the Middle East as a case study. The Partiya Karkerên Kurdistan (PKK, Kurdistan Workers’ Party) has been engaged in a bitter armed struggle with Turkey since 1984, with rear bases in northern Iraq and Syria. The Partiya Yekîtiya Demokrat (PYD, Democratic Union Party) is a Kurdish insurgent group that joined the anti-Assad uprising of 2011 and now controls parts of the north-east part of Syria, in a precarious coexistence with the Syrian government. Finally, the Kurdish Regional Government (KRG) has operated independently since 1991 and remain in a military standoff with the central Iraqi government. All three Kurdish groups operate courts at trial and appeal levels, for civil and criminal matters. The chapter considers the possible application of the principle of complementarity under the Rome Statute in relation to a prosecution before the courts of a non-state armed groups. Likewise, the right or duty of third states under international law to give recognition to the operation of insurgent courts is examined. More radically perhaps, there is a possibility that even the territorial state might in some cases give legal effect to rebel court decisions. Finally, the Kurdish courts offer examples in which one non-state armed group is confronted with the need to determine the validity of the decisions of courts of other armed insurgents.","PeriodicalId":163354,"journal":{"name":"Rebel Courts","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129303894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Legality of Rebel Courts—Islamic State and Taliban Justice 反政府法院的合法性——伊斯兰国和塔利班司法

Rebel Courts Pub Date : 2021-06-25 DOI: 10.1093/oso/9780190912222.003.0003

Réné Provost

{"title":"Legality of Rebel Courts—Islamic State and Taliban Justice","authors":"Réné Provost","doi":"10.1093/oso/9780190912222.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780190912222.003.0003","url":null,"abstract":"Chapter 2 assesses the legality of rebel courts pursuant to applicable rules of public international law, with the case studies of the rebel administration of justice by the Islamic State and the Taliban. The Islamic State at one point controlled a territory in Syria and Iraq as large as the United Kingdom. It had a highly developed institutional structure that was quite bureaucratic in nature, including a multi-tier court system that imposed harsh but undeniably effective justice. The Islamic State forcefully rejected notions such as the rule of law and judicial independence and impartiality. The Taliban has a hierarchical governance structure, in which courts are somewhat separate from other sections. Taliban judges are trained Islamic scholars who constantly rotate from province to province, and there are provincial appeal court and central apex courts. The very concept of a “court” used in international law norms applicable to armed conflicts implies some basic attributes that will not be met by any and all adjudicative body. That said, the concept of a “regularly constituted court” in international humanitarian law and of a “court established by law” in human rights law correspond to basic criteria that are not impossible to meet for an armed group. Likewise, the institutional requirement of independence and impartiality that define what is a court, once adapted to the reality of a non-state armed groups operating in a conflict zone, can indeed be met by some armed insurgents.","PeriodicalId":163354,"journal":{"name":"Rebel Courts","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130959116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Rebel Jurisdiction, Due Process, and Tamil Tiger Justice 叛军管辖权，正当程序和泰米尔猛虎组织的正义

Rebel Courts Pub Date : 2021-06-25 DOI: 10.1093/oso/9780190912222.003.0004

Réné Provost

{"title":"Rebel Jurisdiction, Due Process, and Tamil Tiger Justice","authors":"Réné Provost","doi":"10.1093/oso/9780190912222.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780190912222.003.0004","url":null,"abstract":"Chapter 3 examines the implication of a broad requirement of due process for rebel courts, taking as a case study the judicial system put into place by the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka. The LTTE launched an armed insurgency against the government of Sri Lanka in the early 1980s, eventually controlling nearly 40 percent of national territory. The LTTE developed an independent civil administration which included a state-like court structure with seventeen distinct courts at trial, appeal, and supreme court levels. The group also enacted comprehensive civil and criminal codes, as well as other important pieces of legislation. The chapter takes this exceptionally sophisticated insurgent court system to interrogate the concept of rebel jurisdiction, exploring the foundations in public international law of the extent and limits of territorial, subject-matter, and personal jurisdictions of rebel law and courts. The analysis then turns to the thorny issue of due process requirements that must be met under international humanitarian and human rights law to consider as fair a trial before a rebel court. The precise content of the requirement of a fair trial under international law does vary in situations of emergency like international and non-international armed conflicts. In addition, legal standards must be adjusted to reflect the nature of non-state courts and the particular contextual challenges faced by rebel governance in conflict zones. On that basis, each applicable due process guarantee is analysed to determine the precise requirements it imposes on rebel justice.","PeriodicalId":163354,"journal":{"name":"Rebel Courts","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125728532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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