Chapter 1 considers the compatibility of the rebel administration of justice with the concept of the rule of law, using the FARC in Colombia as a case study. The Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo (FARC) was the largest non-state armed group during five decades of civil war in that country. At its peak, it wielded dominant territorial authority in more than half of Colombian municipalities. While it generally did not establish standing institutions to administer justice, it imposed legal norms, co-opted existing community justice mechanisms, and established informal and hybrid practices to settle legal disputes in the civil and criminal law fields. FARC justice practices are used to explore the concept of the rule of law, an essentially contested legal concept that cannot be exclusively attached to the modern state. The rule of law is shown to be a concept with a flexible content, modulated by circumstances such as the onset of armed conflict. Elements of a rebel rule of law adapted to the nature of non-state armed groups and context of armed conflict are articulated based on applicable international humanitarian and human rights law. Finally, the principle of state sovereignty is analysed to show that it does not impart exclusive jurisdiction to the state over the administration of justice, but instead can accommodate justice practices by a diversity of actors, including non-state armed groups in conflict zones.
Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia
