Legal Roundup October 2022 – January 2023

About the author(s):

Begümhan I. Simsir is a policy and research intern at the IFRC. She holds an LL.M. in IHL and human rights from the Geneva Academy. Her LL.M. thesis focused on the protection of wounded and sick hors de combat with a focus on mental health. She graduated from the Turkish German University Law School with a thesis focused on the protection of girl soldiers during and after armed conflicts. She has worked with various organizations, including Human Rights Measurement Initiative, Generation Human Rights, UNESCO, Airwars and the International Review of the Red Cross.

We are very pleased to present the legal roundup for October 2022 – January 2023 , that contains publications on issues related armed groups and international law, non-international armed conflict and transitional justice. It was prepared by Begüm Simsir, and it was finalised with input from Ezequiel Heffes, Katharine Fortin and Andrea Farrés.

If you have a 2022-2023 publication which you think should be included in this roundup, please do not hesitate to contact the editors of the blog, Katharine Fortin and Ezequiel Heffes.

Please note that due to paywalls and your institution’s permissions, the given link may not always take you to the text of the article. The Armed Groups and International law blog has published legal roundups since 2012. For previous versions of the legal roundup, see here.

Armed Non-State Actors, NIACs and International Law

Albrecht, Holger, “Saints and Warriors: Strategic Choice in Rebel Recruitment in the Syrian Civil War”, Civil Wars, Volume 24, Issue 4, 2022

Bagheri, Saeed and Bisset, Alison, “International Legal Issues Arising from Repatriation of the Children of Islamic State”, Journal of Conflict & Security Law, 2022

Basedau, Matthias, Deitch, Mora and Zellman, Ariel,  “Rebels with a Cause: Does Ideology Make Armed Conflicts Longer and Bloodier?”, Journal of Conflict Resolution, Volume 66, Issue 10, November 2022

Qandeel, Mais  and Sommer, Jamie,  “Syria Conflict and its Impact. A Legal and Environmental Perspective”, Journal of International Humanitarian Legal Studies, Volume 13, 2022.

Rebel governance

Ahram, Ariel I. “Rebel oil regimes and economic governance: the case of the Houthis in Yemen,” Conflict, Security & Development 22, no 6, 2022, pp. 589-607

Ahram, Ariel I. “When Rebels Govern Oil,” Extractive Industries & Society 12, 2022

Bamber-Zryd, “Cyclical jihadist governance: the Islamic State governance cycle in Iraq and Syria”, Small Wars & Insurgencies, Volume 33, Issue 8, 2022

Cancian, Matthew and Greenwald, Diana B., “Infrastructure, Revenue, and Services: Non-State Governance in Iraq’s Disputed Territories”, Civil Wars, Volume 24, Issue 4, 2022

Glawion, Tim and Le Noan, Anne-Clémence, “Rebel governance or governance in rebel territory? Extraction and Services in Ndélé, Central African Republic”, Small Wars & Insurgencies, Advance access

Hyyppä, Tiina, “Council in war: civilocracy, order and local organisation in Daraya during the Syrian War”, Small Wars & Insurgencies, Advance access

Loyle, Cyanne E , Maves Braithwaite, Jessica, Gallgaher Cunningham, Kathleen, Huang, Reyko, Huddleston, R. Joseph, Jung, Danielle F., and Rubin, Michael A., “Revolt and Rule: Learning about Governance from Rebel Groups”, International Studies Review, Volume 24, Issue 4, 2022

Pfeifer, Hanna and Schwab, Regine, “Politicising the rebel governance paradigm. Critical appraisal and expansion of a research agenda”, Small Wars & Insurgencies, Advance access

Richter, Solveig, “Dynamics of peace or legacy of rebel governance? Patterns of cooperation between FARC-ex-combatants and conflict-affected communities in Colombia”, Small Wars & Insurgencies, Advance access

Stewart, Megan, A., ”Identity, networks, and learning in the study of rebel governance”, Small Wars & Insurgencies, Advance access

Non-State Armed Groups, International Responsibility and Reparations

Caleb Lucas, B.J. Appel, A.K. Prorok, “Not Too Distant: Grievance, Opportunity, and the Onset of Civil War”, Civil Wars, Volume 24, Issue 4, 2022.

Capone, Francesca and Totaro, Tommaso, “A Critical Assessment of Reparations for Victims of Human Rights Violations in Darfur vis-à-vis International Standards”, African Conflict & Peacebuilding Review, Volume 12, Number 2, 2022

Mackenzie-Gray Scott, Richard, State Responsibility for Non-State Actors, Bloomsbury Publishing, 2022

Moffet, Luke, Reparations and War: Finding Balance in Repairing the Past, Oxford University Press, January 2023

International Criminal Law

Faulkner, Christopher M. and Welsh, Blair, “Rebel Child Soldiering and Conflict-Related Sexual Violence”, International Studies Quarterly, Volume 66, Issue 4, 2022

Wieselgren, Herman, “Sexual violence along ethnic lines? Revisiting rebel-civilian ethnic ties and wartime sexual violence”, International Interactions, Volume 48, 2022

Targeting, Detention and Administration of Justice

Acosta-López, Juana Inés and Idárraga, Ana, “Prisoners of War, Taking of Hostages and the Colombian Armed Conflict: Challenges Arising Out of Conflictive Understandings of IHL by Different Actors in Particular Context”, Yearbook of International Humanitarian Law, 2021, Volume 24, p. 71-101

Kirisci, Mustafa and Kocaman, Ibrahim, “What Restrains Military from Targeting Civilians in Civil Wars?”, Civil Wars, Volume 24, Issue 4, 2022.

Spadaro, Alessandra, “From Outlaws to Judges: Armed Groups and the Administration of Justice”, Journal of International Humanitarian Legal Studies, Volume 13, 2022.

Transitional Justice and Peacebuilding

Albert, Karen, “Rebel institutions and negotiated peace”, Conflict Management and Peace Science, Online First

Amoroso, Alessandro Mario, “A Legal Analysis of the Juba Agreement for Peace in Sudan and its Darfur Component”, African Conflict & Peacebuilding Review, Volume 12, Number 2, 2022

Assal, Munzoul A. M., “Forging the Juba Peace agreement: The Role of National, Regional and International Actors”, African Conflict & Peacebuilding Review, Volume 12, Number 2, 2022

Duursma, Allard, “Peacekeeping, Mediation, and the Conclusion of Local Ceasefires in Non-State Conflicts”, Journal of Conflict Resolution, Online First

Sharif, Sally, “Can the Rebel Body Function without its Visible Heads? The Role of Mid-Level Commanders in Peacebuilding”, International Peacekeeping, 2022

Reports

Considerations and Guidance for the Humanitarian Engagement with Religious Leaders, Generating Respect Project.

English summary of Conclusions and Recommendations of Independent Commission of Inquiry into the Non-Lethal Assistance programme in Syria (The Netherlands)

Holloway, Kerrie, Ullah, Zaki, Ahmadi, Dastgit, Hakimi, Elham and Ullah, Aaftab, “Climate change, conflict and internal displacement in Afghanistan: ‘We are struggling to survive’”, Overseas Development Institute, November 2022

“It Was Really Hard to Protect Myself” Impact of the Armed Conflict in Syria on Children with Disabilities, Human Rights Watch

“My Son is Just Another Kid” Experiences of Children Repatriated from Camps for ISIS Suspects and Their Families in Northeast Syria, Human Rights Watch

Sturridge, Caitlin, Feijó, João and Tivane, Nelson, “Coping with the risks of conflict, climate and internal displacement in northern Mozambique: ‘ We can’t just sit here with our arms crossed’”, Overseas Development Institute, November 2022

“Those Who Returned Are Suffering” Impact of Camp Shutdowns on People Displaced by Boko Haram Conflict in Nigeria, Human Rights Watch

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