State and Non-State Justice Systems in Afghanistan: The Need for Synergy Special Issue: Rule of Law Reform in Iraq and Afghanistan
Year: 2011
Type: article
Abstract: Afghan legal traditions.‖ 3 The Commission, however, which lacked both vision and competence, had difficulty drawing up a roadmap for rebuilding the post-Taliban justice system and working collaboratively with permanent Afghan justice institutions.4 This situation has had important negative implications for the process of rebuilding a post-Taliban justice system in Afghanistan over the past ten years.Afghanistan's post-Taliban administrations, supported by, among others, the United Nations, Italy, the United States, Germany, and Canada, embarked on the complex task of rebuilding Afghanistan's rule of law and justice institutions.The various national and international efforts in this process are guided by several strategies, which mainly include the 2008 Afghanistan National Development Strategy, the National Justice Sector Strategy, National Justice Program, and the 2010 Afghanistan National Development Strategy Prioritization and Implementation Plan. 5 While overlapping, these strategies provide guidance to the Afghan government's rule of law and justice implementation program, as well a framework for international donor support.6 Key objectives of the Afghanistan National Development Strategy that were to be accomplished by the end of 2010 included completion of the basic legal framework (including civil, criminal, and commercial law), rehabilitation of the physical infrastructure of justice institutions, establishment of fully functional justice institutions throughout Afghanistan, review and reform of oversight of corruption-related procedures, addressing lack of due process and miscarriages of justice, and strengthening the professionalism, credibility, and integrity of the justice system personnel.7 3 Id.at 4. 4 See U.N. Secretary-General, The Situation in Afghanistan and Its Implications for International Peace and Security: Rep. of the Secretary-General, delivered to the Security Council, U.N. Doc.S/2003/1212 (Dec.30, 2003); see also Wardak, supra note 1 (discussing the difficulties of working with Afghan institutions to establish a cohesive justice system).
Author: Ali Wardak
Institution: University of South Wales
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W756564224