Overview

During armed conflict, non-State armed groups frequently establish their own judicial systems to resolve disputes, impose penal sanctions and implement social control. Examples such Hamas in Gaza, Rojava in Syria, or the 'People's Republics' in Eastern Ukraine demonstrate that this aspect of 'rebel governance' has become increasingly common. How can or should international law regulate the establishment of courts, conduct of trials and passing of penal sanctions by insurgent movements that challenge the judicial monopoly of states? Based on an in-depth doctrinal analysis, this study demonstrates that the administration of criminal justice by insurgents is not inherently illegal or illegitimate, and explains how to measure the conduct of armed groups against clear legal standards. Drawing on a broad range of real-world examples, this study makes a vital contribution to the law applicable in armed conflict.

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9781009621540

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Author Information

Hannes Jöbstl is a Legal Advisor at the Council of Europe where works on the establishment of a Claims Commission for Ukraine. He previously worked at the International Court of Justice and holds law degrees from the University of Oxford, University College London and the University of Graz.

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