From ISIS to the Tamil Tigers to the FARC in Colombia, rebel and insurgent groups have proved themselves capable of holding territory for extended periods. There has been renewed work in recent years trying to understand the governance strategies that such groups employ, but relatively little attention to the role of law and courts in extending rebel rule and legitimating authority. Resolving disputes and implementing social control are core governance tasks of judicial institutions, and so courts may be particularly useful to emerging non-state political actors as they seek to expand their power and legitimacy. This planning meeting will bring together scholars working on a wide set of cases to consider how law and courts function within rebel movements, and how they fit into the combinations of coercion, cooptation and legitimation that make rebel rule effective.

Provisional Agenda

9:00 — Welcome and Overview of Objectives:

• James Robinson, Pearson Institute, University of Chicago Harris School
• Tom Ginsburg, University of Chicago Law School
• Antonio Giustozzi, King’s College London

9:15-10:45 — Overview of the Field of Rebel Governance

• Chair: Tom Ginsburg
• Ana Arjona, Northwestern University, Why Do Insurgent Groups Build Order?
• Reyko Huang, Texas A & M University, Data on Rebel Governance: What Kinds of Groups Establish Courts and What do not?
• Respondents: Aziz Huq, University of Chicago Law School; Paul Staniland, University of Chicago Political Science

10:45-11:00 — Coffee Break

11:05-12:35 — Rebel Law and State Law

• Chair: Adam Chilton, University of Chicago Law School
• Rachel Sweet, Northwestern University, Rebel Law and State Law
• Antonio Giustozzi, Taliban courts post-2001: a legitimization strategy
• Respondents: Gillian Hadfield, USC School of Law; Will Reno, Northwestern Political Science

12:35-1:30 — Lunch

1:30-3:00 — Syria

• Chair: Anup Malani, University of Chicago Law School
• Steven Heydeman, Brown University, Economic Governance in Rebel Areas
• Thomas Pierret, University of Edinburgh, Judicial Institutions in Fragmented Syria
• Respondent: Lisa Wedeen, University of Chicago Political Science

3:00-3:15 — Coffee Break

3:15-4:45 — Other Contexts

• Chair: Ches Thurber, Northern Illinois University, Political Science
• David Williams, Indiana University School of Law, Bloomington, Myanmar Rebel Constitutions
• Morgen Herrell, University of Chicago Law School, Ukrainian Rebels and Russian Law
• Respondent: Dan Slater, University of Chicago Political Science

4:45-5:10   Summary and Next Steps

• Facilitator: Tom Ginsburg

Other Participants

Siri Gloppen, Bergen University & Chr. Michaelsen Institute, Norway

Ben Lessing, University of Chicago Political Science

Ramzy Mardini, University of Chicago Political Science

Samantha von Ende, Indiana University

Austin Wright, University of Chicago Harris School

Rapporteur:  Matthew Schweitzer, Comparative Constitutions Project

This event is free and open to the public, but seating may be limited. For special assistance or needs, please contact Erin Wellin at ewellin@uchicago.edu.