Rebel Justice During Armed Conflict

• In Event: Rebel Governance, Institutions, and Legitimacy

Abstract

What are the long-term impacts of rebel judicial systems on the post-conflict judiciary? The study of rebel governance has focused primarily on the rationale for the use of different institutions and the impact of those choices on the conflict itself. Rebel courts and judicial systems are seen as an attempt to usurp the legitimacy of the state in its ability to settle grievances fairly. If effective, this challenge to state legitimacy can have long term impacts on the independence and functioning of the judicial system once conflict has ended. Using new data on 45 cases of rebel judicial use across civil wars, this paper examines variation in the structure, sophistication, and civilian support of rebel courts in order to better understand the ways in which these courts complement or usurp the legitimacy of the state and its ability to adjudicate grievances and disputes. A study of rebel courts expands our knowledge of rebel governance and further informs future plans for judicial reform following armed conflict.

Author

• Cyanne E. Loyle, Pennsylvania State University