Rebel Courts - The Administration of Justice by Armed Insurgents - Introduction

Provost, Réné

doi:10.2139/ssrn.3987335

Cited by 3 publications

(9 citation statements)

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“…Emerging work regarding the realities of this relationship reveals that such populations can exercise considerable agency with regard to the types of activities carried out by NSAGs (eg., Provost 2021;Arjona 2015;Krieger 2018). The view that civilian populations are universally abused, repressed and without agency when under NSAG governance is being revised to become much more nuanced and thoroughly understood (eg., Berman et al 2018;Provost 2021). An example of this is the emergence of 'rebel governance' as a subfield of law with a focus on NSAGs' administration and institutions of justice and the many ways in which civilian populations interact with NSAGs to pursue agency.…”

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

“…Legitimacy facilitates revenue generation in that it brings an officialness and/or justification to transactions thereby attracting buyers. The Colombian paramilitaries and the Syrian government used the reasoning provided by statutory law in pursuit of legitimacy in their HLP rights trafficking endeavours; the Syrian opposition and extremist groups used their own invented laws and institutions, as did the Colombian FARC and the Sri Lankan Tamil rebels (Provost 2021); and the Darfur Janjaweed and Syrian militias used a variety of legal and moral pretexts that sought to justify HLP trafficking.…”

Section: Operational Objectives In Trafficking Conflict Hlp Rightsmentioning

confidence: 99%

“…This includes a significant ability to negotiate, protest, pursue grievances, coerce, threaten, and cajole. The agency emerges because NSAGs rely to a significant degree on civilian populations for material and political support (Huang and Sullivan 2021), and at least minimal compliance (Provost 2021;Krieger 2018). As Berman et al (2018) note, asymmetric warfare is, 'fought for the support and cooperation of the local population'.…”

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

“…Many NSAGs need local populations for legitimacy in order to strengthen claims to power, particularly NSAGs with longer-term political goals. In pursuit of this legitimacy Provost (2021) notes that, ' each armed insurgency produces its own justificatory narrative which is, more often than not, couched in terms that evoke social justice'. Such a narrative and need for legitimacy is then often used by the civilian population in order to pursue certain priorities with regard to a NSAG.…”

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

“…In response, NSAGs can provide forms of governance in order to manage their interaction with local population priorities (Krieger 2018). These can take the form of ad hoc responses or more formalized grievance institutions and courts (Provost 2021). ISIS in Iraq and Syria set up the Bureau of Justice and Grievances, which handled a variety of complaints, including those against ISIS' own combatants and officials (SJAC 2020).…”

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

See 4 more Smart Citations

Deriving Countermeasures to the Use of Housing, Land and Property Rights as a War-Financing Commodity

Unruh

2022

Stability: International Journal of Security and Development

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Efforts to thwart the trafficking of conflict commodities to finance wars constitute an ongoing endeavour. As specific approaches become effective for certain commodities, belligerent actors pursue new forms of exploitation. The trafficking of housing, land and property (HLP) rights in war zones has now reached a pervasiveness, lucrativeness and severity to warrant significant attention on the derivation of countermeasures. This article proposes a set of potential countermeasures to trafficking in HLP rights in war zones by examining five sets of possible mechanisms and how they would work: detection, transnational governance, locallevel countermeasures, public messaging, and targeting non-state armed groups.

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Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

Section: Operational Objectives In Trafficking Conflict Hlp Rightsmentioning

confidence: 99%

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

Section: Targeting Non-state Armed Groupsmentioning

confidence: 99%

See 3 more Smart Citations

Deriving Countermeasures to the Use of Housing, Land and Property Rights as a War-Financing Commodity

Unruh

2022

Stability: International Journal of Security and Development

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Rebel and Incumbent Law and the Durability of Post-Civil War Peace

Reyes

2023

Preprint

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Long-term peace after a civil war is difficult to maintain. Conventional wisdom emphasizes the distribution of goods through a comprehensive peace agreement. However, civil wars with a settlement recur faster than those without. To better understand civil war recurrence, I argue for greater emphasis on another step in the peace-making process: future conflict resolution. When a civil war ends, actors are less likely to return to fighting when they perceive a governing legal system as sufficiently legitimate to resolve their post-civil war conflict. This perception of legitimacy is partly a function of the degree of alignment of the actors' legal principles –– the formalization and aggregation of values, beliefs, and expectations for how society should be structured and disputes or conflicts resolved. Therefore, settlements should be more likely to succeed as the warring parties' legal principles gain alignment. I create the first cross-national dyadic dataset of rebel and incumbent laws from 1989-2006 to examine this argument and find systematic support. A discussion on the post-civil war Abyei and Br\u cko conflicts further highlight the argument. This study has substantial theoretical and policy implications for post-civil war peace, rebel governance, and state-building.

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Introduction to the Research Handbook on Law, Movements and Social Change: On "legitimate political discourse" in the global twenty-first century

Yarbrough¹,

Shdaimah²,

Boutcher³

2023

Research Handbook on Law, Movements and Social Change

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Capitol, just visitors from across the country taking in the iconic sights with an air of menacing joy. On the House floor, they rummaged through Members' desks and play-acted in the Speaker's chair. It was here that much of the world met the "shaman." Wearing a horned hat and a shit-eating grin, he was an online influencer among followers of the QAnon conspiracy theory. NORDDEUTSCHE NEUESTE NACHRICHTEN (Germany) Trump-Fans Stürmen KapitolThe convergence between these different styles of protest and different sets of protestors, if that is the word, was perhaps the most confusing element of all. Men in black, zip ties in hand, moved quietly among rowdy revelers on the House floor as they searched for elected officials to forcibly detain. The crowd's chants ranged from "Stop the Steal" to "Hang Mike Pence," and a noose on the Capitol lawn underlined the point. What emerged in the spectacle of that day was a coalition of groups united in the conviction that Donald Trump remained U.S. President, and that any means were justified in pursuit of that conviction. STRAITS TIMES (Singapore) Chinese media and netizens mock "beautiful sight" of US Capitol chaosIntertwined with the militias, white supremacists, and conspiracy theorists, that coalition included several different strands of mostly but not exclusively white conservatives. They were Christian nationalists and libertarians, rural farmers and suburban business-owners. FOREIGN POLICY The Jan. 6 Insurrectionists Aren't Who You Think They AreAnd they were police. Almost thirty off-duty officers from a dozen nationwide departments were identified as attending the pro-Trump rally that morning, and some were charged with participating in the subsequent assault. The Capitol Police suspended a half-dozen of its own officers and investigated several more for their actions that day. This overlap between law enforcement and militia movements was not new, but its implications were now bracingly clear. LE FIGARO (Paris) Démocratie fracturéeThe hard truth is that this was less an assault on legality itself than a battle between competing legalities. Despite all its violence -through all its violence -the January 6 assault on the U.S. Capitol was an attempt at what scholars of authoritarian legality call "rule by law," in which legal processes and institutions are used to instantiate and legitimize authoritarian rule. The assault intended to reconfigure a legal process, and its strategy was undergirded by legal

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Rebel Courts - The Administration of Justice by Armed Insurgents - Introduction

Cited by 3 publications

References 0 publications

Deriving Countermeasures to the Use of Housing, Land and Property Rights as a War-Financing Commodity

Deriving Countermeasures to the Use of Housing, Land and Property Rights as a War-Financing Commodity

Rebel and Incumbent Law and the Durability of Post-Civil War Peace

Introduction to the Research Handbook on Law, Movements and Social Change: On "legitimate political discourse" in the global twenty-first century

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