Legal Identity Under Insurgencies and Unrecognised States


  • Legal identity is a target of the Sustainable Development Goals (SDG)s and it underpins the SDGs at large. Not having a recognized legal identity can severely implicate people’s human rights and it may cause statelessness. Our project goes to the core of unresolved tensions around theorising sovereign statehood and the authority to make law.
    Swedish Research Council, 2022-2023


    Head

    Dr. Bart Klem

    University of Melbourne


    Research Questions

    Legal identity comprises a documented relationship between a person, the law and the state. Some insurgencies seek to replace the state and start issuing legal identity documents (e.g. ID cards or birth certificates) to the people under their control.
    We study this phenomenon and its wide-ranging implications by looking at three complementary cases:
    (1) the Kachin Independence Organisation/Army in Myanmar (which recently started issuing ID documents);
    (2) the Syrian Interim Government (which used to issue ID documents but now faces defeat);
    (3) the Turkish Republic of North Cyprus (which has become an established but widely unrecognized state).

    We will explore what shape legal identity takes in these three contexts, what implications it has for the people affected, and how these people navigate major political shifts.

    Contribution to International Research

    Legal identity is an SDG target (16:9) and it underpins the SDGs at large. Not having a recognized legal identity can severely implicate people’s human rights and it may cause statelessness. Our project is academically relevant, because it goes to the core of unresolved tensions around theorising sovereign statehood and the authority to make law.

    Research Design and Methods

    Conceptually we develop an inter-disciplinary combination of rebel governance literature in social/political science and critical interventions in legal scholarship. Methodologically, our ethnographic fieldwork will draw on an innovative combination of political histories, personal life histories and material culture.

    Marika Sosnowski will be responsible for the study on Syria.

    GIGA Focus Middle East | 4/2021

    “The Right to Have Rights”: Legal Identity Documentation in the Syrian Civil War

    During the civil war in Syria, various actors issued legal identity documents. The disadvantages of this web of interlocking documents for people's – especially women’s – parental, inheritance and property rights are analysed in this GIGA Focus Middle East.

    Noor Hamadeh

    International Corporate Accountability Roundtable

    Chapter in Edited Volume | 2021

    Legal Identity and Rebel Governance: A Comparative Perspective on Lived Consequence of Contested Sovereignty

    With contributions from different stakeholders this volume rejects the idea that statelessness is a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.

    Ass. Prof. Dr. Katharine Fortin

    Dr. Bart Klem

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