Trials and Penal Sanctions by Non-State Armed Groups: Between Rough Justice and Rebel Rule of Law

Name: Trials and Penal Sanctions by Non-State Armed Groups: Between Rough Justice and Rebel Rule of Law
Brand: Cambridge University Press
SKU: 9781009621540
Price: 1324.05 HKD
Availability: InStock
Author: Hannes Jöbstl
ISBN: 9781009621540

By Hannes Jöbstl

Cambridge University Press February 2026

Specifications

ISBN-13: 9781009621540
Publisher: Cambridge University Press
Publication: February 2026
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

1. Armed group trials and the judicial monopoly of the state

2. The international legal framework regulating non-state armed groups

3. The legal capacity of armed groups to establish courts and conduct penal proceedings

4. Judicial guarantees and elements of fair trials

5. Individual criminal responsibility for the denial of fair trial rights

6. Military discipline and accountability within armed groups

7. Overall conclusions

Bibliography

Index

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