Insurgency Success Factors and Rebel Legitimacy
established rule of law. Punishment enacted outside of the decree, process, and methods outlined
in law is perceived as less legitimate, and may be more likely to be attributed to civilian violence
or terrorism271
Less than a year after declaring independence, the Chechen Republic of Ichkeria released
its constitution272. The Republic's leaders ruled by the constitution. In public and rhetoric, it was
essential for Dudayev, and later Maskhadov, to be viewed as a legitimate state by the populations
of Chechnya, Russia, and the international community 273. Enforcing this perception was largely
implemented through developing and following democratic procedures and rule of law 274. The
constitution established the republic as a democracy, based in the legal determination of the
Chechen people. The constitution allows for a healthy checks and balances system between
legislative, executive, and judicial branches. Insurgent leadership also committed to ensuring the
law was represented by the will of Chechen populations. Legislature wording emphasizes the
protection and rights of Chechen civilians, but fails to address rights for non-Chechen
civilians 275. While the constitution initially separated church and state, the de facto
administration amended the constitution in 1994 to incorporate sharia law in response to growing
demands from Islamic leaders 276
The de facto government also ensured close adherence to international law, humanitarian
law, and law of war during the First Chechen War²77. The insurgency was particularly careful to
follow international law during negotiations with Russian troops, taking prisoners, and
interacting with civilians 278. The rebellion did this in an active attempt to boost its legitimacy in
the eyes of the international community. Grammer (2008) presents a compelling narrative, in
which Chechen rebel leaders believed Maskhadov to be "mad" due to his insistence on waging
traditional, legal warfare, despite the losses it cost the movement. He publicly decried the two
57
55View entire presentation