Overview

In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' -- the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in 'ungoverned space,' can ensure that they retain the initiative. The book describes French, Turkish and British colonial 'judicial strategy' and contrasts their experience with the chaos of more recent 'stabilization operations' in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.

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9781849047982

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Reviews

'Rebel Law: Insurgents, Courts and Justice in Modern Conflict ... is an intriguing, engaging and comprehensive account that is particularly compelling when discussing insurgent justice in the Muslim world, ... valuably diverging from the tendency to read such phenomena solely through the prism of extremism... Ledwidge's approach to insurgent justice in the Muslim world is compelling: he brings a much-needed comparative perspective that serves as an antidote to the tendency to read such phenomena only through the lens of extremist ideology.' -- LSE Review of Books 'As a former justice advisor for the UK military mission in Afghanistan, Ledwidge brings a uniquely well-informed perspective to the issues of using legal processes to achieve military objectives by both insurgents and counterinsurgents at the operational and tactical level. He argues that the ability of insurgents to offer fair judicial process -- particularly dispute resolution -- has proved critical to successful state-building by insurgent groups. On the flipside, Ledwidge contends that counterinsurgency strategy must employ legal pluralism to develop an effective judicial strategy. Cogently written and forcefully argued, Rebel Law will be of interest to military professionals, legal scholars and policy makers alike.' * Montgomery McFate, Professor at the US Naval War College in Newport, Rhode Island, and author of Military Anthropology: Soldiers, Scholars and Subjects at the Margins of Empire * 'Frank Ledwidge builds a compelling case for the monopoly of justice in determining the outcome of insurgencies. Drawing upon years of experience and scholarship, Ledwidge convincingly argues that nowhere is the contest for control of a population, the delicate interplay between consent and coercion, expressed with greater impact than in the competing legal systems offered by insurgent and counter-insurgent.' * Edward Burke, Lecturer in Strategic Studies, The University of Portsmouth, Royal Air Force College Cranwell * 'This book is an essential resource for scholars and practitioners concerned with the operation of legal systems during and after conflict. Frank Ledwidge offers a unique perspective on the complex interactions between state and insurgent judiciaries that is informed by years of fieldwork and service as a justice advisor in warscapes including Afghanistan, Iraq, and Libya.' * Mara Revkin, Department of Political Science, Yale University * 'In the literature on counterinsurgency no concepts are more frequently invoked or more poorly understood than legitimacy, justice, and law. Insurgencies win by out-governing the status quo power and the primary thrust of their strategy is nearly always the provision of alternative justice to populations hungry for better law. Frank Ledwidge's brilliant book plugs the gap in the literature commendably. It is indispensable reading.' * David Betz, Professor of War in the Modern World, Department of War Studies, King's College London * 'A ground-breaking picture of the role of law in (particularly, irregular) warfare: so-called lawfare. This highly readable study opens up a new vista in counterinsurgency and underlines the centrality therein of properly-delivered, culturally-specific justice. A fascinating tour de force that demands to be read by politicians and generals alike.' - * Mike Martin, author of An Intimate War: An Oral History of the Helmand Conflict *

'As a former justice advisor for the UK military mission in Afghanistan, Ledwidge brings a uniquely well-informed perspective to the issues of using legal processes to achieve military objectives by both insurgents and counterinsurgents at the operational and tactical level. He argues that the ability of insurgents to offer fair judicial process -- particularly dispute resolution -- has proved critical to successful state-building by insurgent groups. On the flipside, Ledwidge contends that counterinsurgency strategy must employ legal pluralism to develop an effective judicial strategy. Cogently written and forcefully argued, Rebel Law will be of interest to military professionals, legal scholars and policy makers alike.' -- Montgomery McFate, Professor at the US Naval War College in Newport, Rhode Island, and author of Military Anthropology: Soldiers, Scholars and Subjects at the Margins of Empire'Frank Ledwidge builds a compelling case for the monopoly of justice in determining the outcome of insurgencies. Drawing upon years of experience and scholarship, Ledwidge convincingly argues that nowhere is the contest for control of a population, the delicate interplay between consent and coercion, expressed with greater impact than in the competing legal systems offered by insurgent and counter-insurgent.' -- Edward Burke, Lecturer in Strategic Studies, The University of Portsmouth, Royal Air Force College Cranwell'This book is an essential resource for scholars and practitioners concerned with the operation of legal systems during and after conflict. Frank Ledwidge offers a unique perspective on the complex interactions between state and insurgent judiciaries that is informed by years of fieldwork and service as a justice advisor in warscapes including Afghanistan, Iraq, and Libya.' -- Mara Revkin, Department of Political Science, Yale University'In the literature on counterinsurgency no concepts are more frequently invoked or more poorly understood than legitimacy, justice, and law. Insurgencies win by out-governing the status quo power and the primary thrust of their strategy is nearly always the provision of alternative justice to populations hungry for better law. Frank Ledwidge's brilliant book plugs the gap in the literature commendably. It is indispensable reading.' -- David Betz, Professor of War in the Modern World, Department of War Studies, King's College London'A ground-breaking picture of the role of law in (particularly, irregular) warfare: so-called lawfare. This highly readable study opens up a new vista in counterinsurgency and underlines the centrality therein of properly-delivered, culturally-specific justice. A fascinating tour de force that demands to be read by politicians and generals alike.' -- Mike Martin, author of An Intimate War: An Oral History of the Helmand Conflict

Author Information

Frank Ledwidge is a former barrister and military intelligence officer who served in Iraq, Afghanistan and Libya. His books include Losing Small Wars and Investment in Blood, both published by Yale University Press.

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