Laws and Order: The Impact of Rebel Governance on Post-Conflict Rule of Law

• In Event: Rebel Governance: Institutions and Behaviors

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 judicial systems are often an attempt to usurp the legitimacy of the state by taking over one of the primary functions of governance. Consequently, rebel courts have an impact on the rebels and citizens living under rebel rule. If effective, this challenge to state legitimacy can have long term implications for the independence and functioning of the judicial system once conflict has ended. Using new data on rebel judiciaries across armed conflicts from 1946 through 2017, 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 impact the long-term functioning of the post-conflict judiciary. 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