Rebels In Law

The reflections on their lives in law of pioneer black women lawyers

"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.

In Rebels at the Bar, prize-winning legal historian Jill Norgren recounts the life stories of a small group of nineteenth century women who were among the first female attorneys in the United States. Beginning in the late 1860s, these determined rebels pursued the radical ambition of entering the then all-male profession of law. They were motivated by a love of learning. They believed in fair play and equal opportunity. They desired recognition as professionals and the ability to earn a good living. Rebels at the Bar expands our understanding of both women's rights and the history of the legal profession in the nineteenth century. It focuses on the female renegades who trained in law and then, like men, fought considerable odds to create successful professional lives. In this engaging and beautifully written book, Norgren shares her subjects' faith in the art of the possible. In so doing, she ensures their place in history.

"By examining everyday life in Venezuela's post-colonial period, Reuben Zahler provides a broad perspective on conditions throughout the Americas and the tension between traditional norms and new liberal standards during Venezuela's transformation from aSpanish colony to a modern republic"--

This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.

"Emancipation is an important and impressive work; one cannot read it without being inspired by the legal acumen, creativity, and resiliency these pioneer lawyers displayed. . . . It should be read by everyone interested in understanding the road African-Americans have traveled and the challenges that lie ahead."—From the Foreword, by Justice Thurgood Marshall

Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.