The Procedural Right to a Remedy When the State has Left the Building? A Reflection on Armed Groups, Courts and Domestic Law

Abstract This article analyses the procedural right to a remedy under human rights law when applied armed groups controlling territory and exercising governance. Using Al Hassan case before International Criminal Court as reference point drawing on literature rebel governance from other disciplines, conducts critical review of application groups. Finding that can be useful realistic, articles evaluates how main tools (1) domestic (2) courts, should treated, dealing with controlled by Adopting high-altitude perspective identifies discusses dynamics within discourse resist recognition groups’ courts law, highlights key tensions system international reflects what legal framework, taken system, expect require