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"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.
The reflections on their lives in law of pioneer black women lawyers
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 examines the authority of saints in Islam and their ability to build communities among Muslims in North Africa. It analyzes the power generated in religious communities through their allegiance to saints, a power usually identified with the term Sufism. In the late 15th and 16th centuries, a community of Sufis in Fes (Fez), Morocco, and other urban centers in North Africa advocated this paradigm of sainthood during a time of intense political and religious crisis. Juridical sainthood, a concept that fuses Islamic legal rectitude and devotional piety, was the center of their reformist agenda. The juridical saint was to be absorbed in legal training and religious values, in ways that questioned political loyalty and dynastic legitimacy. Scott A. Kugle explores this tradition by focusing on the life and writings of Shaykh Ahmad Zarruq. Following his exile from Fes, Zarruq traveled widely over North Africa, spreading his teachings and writings and attracting followers from Morocco to Mecca. The life and teachings of Zarruq remain useful for Muslims. They are a piece of the past that present-day Muslims are rediscovering and redeploying to reconcile Islam's heritage with its very troubled post-colonial present.
This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.
Fred Korematsu, Iva Toguri (alias Tokyo Rose), Japanese Peruvians, and five thousand Americans who renounced their citizenship under duress: Rebel Lawyer tells the story of four key cases pertaining to the World War II incarceration of 120,000 people of Japanese ancestry and the trial attorney who defended them. Wayne Collins made a somewhat unlikely hero. An Irish American lawyer with a volatile temper, Collins's passionate commitment to the nation's constitutional principles put him in opposition to not only the United States government but also groups that acquiesced to internment such as the national office of the ACLU and the leadership of the Japanese American Citizens League. Through careful research and legal analysis, Charles Wollenberg takes readers through each case, and offers readers an understanding of how Collins came to be the most effective defender of the rights and liberties of the West Coast's Japanese and Japanese American population. Wollenberg portrays Collins not as a white knight but as a tough, sometimes difficult man whose battles gave people of Japanese descent the foundation on which to construct their own powerful campaigns for redress.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of 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), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Street trade is a critical and highly visible component of the informal economy, linked to global systems of exchange. Yet policy responses are dismissive and evictions commonplace. Despite being progressively marginalised from public space, street traders in the global south are engaged in spatial and political battlegrounds to reclaim space, and claim de facto property rights over their place of work, through quiet infiltration, union power, or direct action. This book explores 'rebel streets', the challenges faced by informal economy actors and how organised groups are seeking to reframe legal understandings to create new claims to space and urban rights. The book sets out new thinking and a conceptual framework for improved understanding of the plural relationship between law, rights, and space for the informal economy, the contest between traditional, modernist and rights-based approaches to development, and impacts on the urban working poor. With a focus on street trading, the book seeks to reframe the legal context in which modern informal economies operate, drawing on key areas of academic inquiry and case studies of how vendors are staking claim to urban rights. The book argues for a reconceptualisation of legal instruments to provide a rights-based framework for urban work that recognises the legitimacy of urban informal economies, the scope for collective management of urban resources, and the social value of public space as a site for urban livelihoods. It will be of interest to students and scholars of geography, economics, urban studies, development studies, political studies and law.