Journal of International Criminal Justice Advance Access originally published online on July 9, 2009
Journal of International Criminal Justice 2009 7(3):489-513; doi:10.1093/jicj/mqp039
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Courts of Armed Opposition Groups
Fair Trials or Summary Justice?
* Lecturer, School of Law, University of Nottingham. I would like to thank Anthea Roberts, Roy Schondorf and Jonathan Somer as well as James Stewart and the two anonymous referees of the Journal for their helpful comments on earlier drafts of this article. [sandesh.sivakumaran{at}nottingham.ac.uk]
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Abstract |
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Courts of armed opposition groups are a frequent feature of internal armed conflicts. The Frente Farabundo Martí para la Liberación Nacional of El Salvador, Liberation Tigers of Tamil Eelam of Sri Lanka and Revolutionary United Front of Sierra Leone all conducted trials in courts they convened. These courts are often criticized for failing to afford fair trial guarantees. This article takes a look at these courts and assesses the criticisms made of them, identifying precisely which due process guarantees are applicable in time of internal armed conflict and how they are interpreted. The article goes on to address the legitimacy of these courts and whether the international community should engage with them, considering some of the advantages and disadvantages engagement brings.