Depoliticizing rebels: Government use of civilian trials during armed conflict

Liana Eustacia Reyes, Justin Conrad and Cyanne E. Loyle
Additional contact information
Liana Eustacia Reyes: 311308Purdue University, USA; Dartmouth College, USA
Justin Conrad: 1355University of Georgia, USA
Cyanne E. Loyle: 8082Pennsylvania State University, USA and Peace Research Institute Oslo, Norway

Conflict Management and Peace Science, 2026, vol. 43, issue 3, 245-263

Abstract: During armed conflict, incumbents predominantly use military courts to prosecute enemy combatants. However, in some cases, incumbents employ domestic civilian trials. Engaging the civilian judiciary to prosecute rebels is puzzling. Military courts offer unique benefits during armed conflict. For instance, the incumbent's military personnel conduct proceedings, potentially mitigating some of the ambiguity over processes and outcomes inherent in using civilian courts. Under what conditions do incumbents turn to civilian courts during armed conflict? We argue that incumbents are more likely to prosecute rebels through civilian courts when rebels engage in criminal activities that resemble core governance functions, such as taxation. In these cases, incumbents take on the uncertainty of civilian trials when rebels present a governance threat and when rebels commit crimes which offer the threat and opportunity to depoliticize and portray them as mere criminals through civilian courts. We find support for our argument using dyadic data on rebel and incumbent behavior during armed conflict (1990–2010). This study takes a first step at understanding why and how incumbents use civilian courts during armed conflict while building on our understanding of the interplay between war, criminality, and governance.

Keywords: Civil wars; crime; courts; taxation; rebel governance; justice (search for similar items in EconPapers)
Date: 2026
References: Add references at CitEc
Citations:

Downloads: (external link)
https://journals.sagepub.com/doi/10.1177/07388942251342975 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sae:compsc:v:43:y:2026:i:3:p:245-263

DOI: 10.1177/07388942251342975

Access Statistics for this article

More articles in Conflict Management and Peace Science from Peace Science Society (International)
Bibliographic data for series maintained by SAGE Publications ().