The Legality of Rebel Courts during Non-International Armed Conflicts

Rebel courts are often justified by rebels in the interest of securing law and order, states’ perceptions are more negative, especially the territorial state concerned. This raises questions under international humanitarian law, human rights law and international criminal law on the legality of such courts and of fair trial guarantees. The dilemma of rebel courts reveals opposing interests in international humanitarian law and international criminal law and raises important policy considerations.