Chapter 1 introduces the reader to the topic. It demonstrates how the administration of justice by insurgents is one element of rebel governance and can play an important part in a group’s strategy to challenge the authority of the state. The chapter then explains that international law does not contain any rule that governs recourse to the use of force in an intra-state setting and is, therefore, ‘neutral’ towards rebellion. However, it also shows that international law contains rules that impose limits on how insurgencies may be fought in NIACs, most notably through the regime of IHL. Based on this introduction, the chapter then sets out the core research questions that the monograph aims to answer, namely whether armed groups enjoy a legal capacity to operate courts and pass penal sentences and, if so, whether international law might require them to do so under certain circumstances.

This short chapter contains the overall conclusions of the book. Its aim is to put into perspective the conclusions reached in the previous chapters and to briefly reflect on their impact on the broader system of international law.

Chapter 5 complements Chapters 3 and 4 by analysing how the standards identified in those chapters translate into the framework of ICL. It explains that while the passing of sentences without providing for necessary fair trial standards can amount to a war crime (and, potentially, a crime against humanity if sufficiently widespread and systematic) not every violation of the judicial guarantees required by IHL entails individual criminal responsibility. The chapter argues that this nuanced approach maintains incentives for armed group members to comply with fundamental fair trial guarantees without being unduly penalized for not meeting standards considered unrealistic in the context of a non-state entity engaged in armed conflict. However, it also explains how a discriminatory interpretation of the nexus requirement, as applied by international criminal tribunals and advocated for by institutions such as the ICRC, might render criminal certain acts of rebel governance, in particular the punishment of common crimes in territory under armed group control, while the same acts may be carried out with impunity by state authorities.

The subject of insurgency explores how and why armed groups confront the state, their political and ideological claims, their links to society – including the support they have and their recruitment practices – and their political and military tactics. Rebel governance explores the behavior of non-state armed insurgencies in the territories they control – or partially control – and their attempts to provide public services, gain the support of the population, recruit members, manage economic policy, and gain legitimacy. Counterinsurgency involves efforts by state actors – sometimes with international assistance – to challenge and defeat rebel groups by military and political means and reassert the authority of the state in areas where rebel groups have influence. This chapter explores the relationship between insurgency and civil war, and the main theories of why insurgencies emerge and grow, their endurance, and their impact. As a part of this, it considers the provision of “governance” by some rebel groups in the territories in which they have some control, the services they attempt to provide, and the objectives that motivate this on the part of rebel leaders. Based on this, the chapter then explores the lessons of “rebel governance” for counterinsurgency campaigns and for peacebuilding after conflict.

This chapter begins by motivating the puzzles the book seeks to answer. Why do Rio de Janeiro’s drug-trafficking gangs govern neighborhoods? Why do some of these gangs rely on violence and coercion while others resolve disputes, offer welfare, and organize cultural activities for residents? This book argues that gangs govern in these ways because they need the obedience and support of local residents to survive amid shifting relations with rival gangs and the police. This chapter outlines a theory of criminalized governance which revolves around the relations that emerge between gang members and residents within distinct security environments. This theoretical framework builds on three traditions that view criminalized governance akin to processes of state formation, rebel governance, or state perversion. Finally, this chapter outlines its mixed method approach, and describes the methodological and ethical considerations involved in eighteen months of participant observation in three rival gang territories, 206 semi-structured interviews with residents and gang members, and the collection of more than 400 archival documents and a dataset of more than 20,000 anonymous denunciations.

After 2011, the Syrian opposition took on the Assad government directly through military means and indirectly by establishing pockets of rule beyond the government’s reach. As rebels took control of many government-held locations, they sparked the establishment of insurgent governing institutions in hundreds of communities. Local opposition-run institutions in the form of civilian-led local councils proliferated, dotting the provinces of Aleppo, Idlib, rural Damascus, Raqqa, Hama, and Homs. They worked to deliver basic relief and restore public services, sometimes in collaboration with, but often operating separately from, their armed counterparts. The boundaries of this “political marketplace”1 grew increasingly porous as a number of foreign states and private actors directly championed clients of their choosing, bolstering their favorites with financial and military support.2

The very project of counter-state-building, as conceived in twenty-first-century international relations, required Syria’s opposition leaders to convince prospective foreign patrons of the worthiness of the revolutionary endeavor. For those institutions that became clients of the West, they worked, as Clifford Bob would have it, to market their rebellion with agility.1 To make their case, they attended, paradoxically, to an outward-facing politics at the expense of cultivating an authoritative closeness from within. Still, both donor and recipient engaged one another “as if” the introduction of limited foreign support could do the work of connecting an aspiring commanding heights to the revolutionary grassroots. As such, we interpret this performance of counter-statehood not merely as a product of Syrian opposition politics but rather as a collaboration between the opposition and its foreign patrons.

We turn from Raqqa – a site where the absence of connective ties deprived the Islamic State of citizen trust – to Saraqeb, where the bonds of solidarity heavily informed the local council’s governing model and authority. In late 2012, a Free Syrian Army (FSA) campaign made Saraqeb the first liberated town in northern Syria. Before the war, this small city of 50,000 inhabitants relied on agriculture and iron and oil production industries. Its location was important due to its proximity to Idlib City and its position along the main artery running from Turkey to Hama Governate further south.1 A local FSA affiliate, together with the locally bred Islamist militia, Ahrar al-Sham, succeeded in liberating the town from the Assad regime in November 2012.

We have worked to establish, throughout this book, that institutional closeness is both an important and understudied good for rebels striving to achieve authoritative rule. We explored various forms of closeness through connection and the means by which they mediated the management of coercion and capital in local insurgent-controlled communities. We also considered the possibilities and limits of these social solidarities to compensate for these young institutions’ material deficiencies. But, ultimately, absent the sinews of national institutions capable of binding them to one another, even the most authoritative of local opposition councils, while markers of profound political change, would remain perpetually disaggregated in structure and effect. Therefore, in this penultimate chapter, we move from the local level of insurgent politics up to the national level to examine the opposition institution of the Syrian Interim Government (SIG) that was meant (and failed) to bring the counter-state together.1

Protest in the face of authoritarian rule necessitates a kind of audacity rarely, if ever, called for in daily life. When uprising turns to revolt and revolt to civil war, new questions arise: What comes next? What combination of suffering and joy does the future hold? And to whom should one now turn to manage those matters previously entrusted to the state? Even as new political possibilities arise, the stuff of ordinary life does not disappear but instead must be managed on terms that are both newly expansive and constrained. As people confront the hopes and hardships that come with rebellion, bread must be baked, crimes punished, and garbage collected.

When we turned to the besieged Damascene suburb of Darayya, we found a very different narrative emerging around the production and evolution of rebel governance from those in Raqqa and Saraqeb. Darayya, a mere 8 kilometers from the country’s capital, sat close to the regime’s military airport, the General Intelligence Service Headquarters, and the Interior Ministry.1 The accounts from this place were not of people controlled by an occupying rebel force or an emergent limited access order, but rather a community – rebels included – that had cohered as the target of a sustained, merciless siege by the regime on account of its early and enthusiastic participation in the uprising.

When we turned to Aleppo, we discovered a cityscape that was more complicated than those of Raqqa, Saraqeb, and Darayya. Its battle lines crisscrossed the city, continually shifting during our period of study, making each neighborhood its own unique nucleus in an atomized space. Aleppo is the oldest and second largest Syrian city. Known for its mercantile past and modern industrial present, the city had approximately 3 million residents before the conflict began. The first wave of protests began in 2011, and the city council came into being in March 2013 and was staffed by over 550 personnel by 2016.1

As the Syrian uprising took a violent turn, armed fighters and civilian leaders alike carved out insurgent micropolitical economies across the country’s contested territories. Raqqa City was the first provincial capital to fall from the regime’s control into the hands of opposition forces. The city elected its first opposition council, the Raqqa city council, in early 2014, but the council proved short-lived. By mid-2014, a zealous band of foreign fighters had consolidated control over the city with the aim of establishing a caliphate that would transcend the Westphalian state system and manifest an extreme vision of Islamic rule. These aspiring governors quickly established a monopoly over coercion and availed themselves of a range of capital assets through access to natural resources, looting, and various forms of taxation in the service of their state-building effort. Our close reading of accounts from the city of Raqqa between 2014 and 2016 revealed the corresponding emergence of tight forms of social control as well as the demonstrated capacity to deliver a wide array of key services. In these ways, the so-called Islamic State proved to be a paragon of rebel governance, mobilizing key forms of material power to erect a robust new political order.

The institutions that constitute a rebel government have long been understood and evaluated in comparable terms to those of a state government, the only difference being orientation (i.e. against versus on behalf of the state). Similarly, the doctrine underpinning modern state-building and counterinsurgency campaigns, repurposed in Syria in the service of a “good” rebellion, has emphasized the import of rationalized governance in winning the population’s support, its “hearts and minds.” In this chapter, we consider the limits of employing rational legitimacy as a conceptual outcome and offer our own – institutional closeness – as a theoretical alternative with distinct analytical possibilities for the study of insurgent rule.