Justice and Injustice in Afghanistan

The concept of justice in Afghanistan held by the U.S. military and the Afghan population differ greatly. While the U.S. has a very formalized justice system the Afghans have a less formalized system. The Afghan formal justice system is still developing (and still very corrupt); however, the Afghans have an informal justice system that works on the local level. A writer, Morwari Zafar, examines the differences in a recent article in Foreign Policy entitled "U.S. (In)justice in Afghanistan" published on January 2, 2014. She cites the Panjwei district massacre as an example of how the U.S. and Afghan justice systems are at odds with each other.

Land, People, and the State in Afghanistan - AREU Feb 2013

The Afghanistan Research and Evaluation Unit (AREU) has released a new publication that deals with land governance in Afghanistan. The publication is entitled "Land, People, and the State in Afghanistan: 2002-2012". Liz Alden Wily is the author and a brief description of the document is provided in quotes below:

"This case study carefully documents the changes in land relations and land governance since the signing of the Bonn Agreement in December 2001. The decade began and ended with rhetoric against land grabbing. However, it now seems too entrenched, too tacitly supported politically, and too expedient for private wealth creation by elites, to be halted."

You can learn more about this document at the link below:
www.areu.org.af/EditionDetails.aspx?EditionId=622&ContentId=7&ParentId=7

ROLFSOs: Rule of Law Field Support Officers - Five Perspectives on Duties

The U.S. Navy JAG Corps is providing five posts on the Rule of Law in Afghanistan from the perspective of five different ROLFSOs or Rule of Law Field Support Officers. Read the first one in "ROLFSOs: One Individual Augmentation, Five Different Experiences", March 22, 2012.

Warrants May Be Required for Afghan Night Raids By U.S. Special Forces

President Karzai is pushing for an end to night raids by U.S. and ISAF special operations forces. Currently Afghan Commando and Special Forces units are working with coalition special operations forces with the Afghan units in the lead for night raids. Karzai is trying to limit ISAFs participation even further with the introduction of warrant-based raids. This didn't work well for coalition forces in Iraq and it will work even worse in Afghanistan. Hopefully the U.S. takes a hard line on this. See "Afghan Night Raids May Need Warrants Under U.S. Offer to Karzai", Bloomberg, March 20, 2012.

U.S. Gives Afghanistan $238 Million for Rule of Law, Counternarcotics, and Law Enforcement

U.S. Government Provides Funding for Continuation of
Key Rule of Law and Counternarcotics Programs in Afghanistan

Deputy Foreign Minister Jawid Ludin and the U.S. Embassy’s Coordinating Director for Rule of Law and Law Enforcement Ambassador Stephen G. McFarland participated in a signing ceremony on March 11, in which the Government of the United States of America officially allocated over $238 million for rule of law, counternarcotics and law enforcement programs to be carried out jointly with the Government of Afghanistan. This agreement is a concrete example of the continuing commitment by the Government of the United States to our partnership with the Afghan people and their elected representatives to improve people’s lives across Afghanistan.

The funding will help the United States and Afghanistan to achieve two of our shared major strategic objectives in Afghanistan. The allotment will allow for better governance through the improved administration of justice and enhanced rule of law by supporting programs such as the Afghanistan Legal Education Project (ALEP), which publishes and distributes free legal textbooks that specifically address Afghanistan’s post-2004 legal system. It also offers studies towards a Legal Certificate for the American University of Afghanistan students pursuing majors in business, political science, and information technology. In the area of counternarcotics, the funding will support and expand current programs including the operation of 29 residential drug treatment centers located throughout Afghanistan, and will help further joint narcotics interdiction efforts.

Through this recent allocation of more than $238 million, the Government of the United States of America demonstrates its continued commitment to assisting the Afghan government and people in creating a safer and more secure Afghanistan.

Story from US Embassy posting on March 12, 2012  accessed at link below:
http://kabul.usembassy.gov/mou2.html
Learn more about the Rule of Law in Afghanistan:
http://www.afghanwarnews.info/ruleoflaw.htm

Afghans Prefer Taliban Justice Over Afghan Judicial System

Afghans prefer the Taliban justice system over the Afghan governments courts.  Citing corruption, requirements for bribes, and a slow process - many Afghans prefer to have their legal cases settled by tribal leaders or the Taliban. Read more in "Leery of courts, Afghans seek Taliban justice", Marine Corps Times, March 7, 2012. The rule of law has a long way to go in Afghanistan.

Rule of Law in Afghanistan and USIP

One of the major goals of the international community in Afghanistan is establishing rule of law. This is difficult in a society that has not quite made it into the 21st century.  Much of Afghanistan's criminal and civil disputes are resolved outside of the formal legal system through various community forums such as shuras, jirgas, and jalasas.  In areas under Taliban control justice is quickly (and sometimes fairly) dispensed by the insurgents. The Afghanistan legal system is ineffective, inefficient, and extremely corrupt with many of the judicial cases decided in favor of the party that pays the biggest bribe. The United States Institute of Peace (USIP) is actively involved in improving the Rule of Law situation in Afghanistan.  Learn more about their work at the link below:

http://www.usip.org/programs/projects/rulelaw-afghanistan

Rule of Law in Afghanistan

The link below will provide you with information about organizations that are helping to bring about rule of law in Afghanistan.  Listed are implementing partners that are assisting these organizations.  In addition you will find publications and news articles about the rule of law in Afghanistan. 

http://www.afghanwarnews.info/ruleoflaw.htm

Rule of Law in Afghanistan - Not so Much

Rule of Law (commonly abbreviated to ROL by Afghan observers) is severely lacking in Afghanistan. In fact, the Taliban have a better reputation for dispensing justice than the Afghan government - the judgements of its mobile courts are harsh and quick - and sometimes fair.  The Afghan government will dispense justice - but it is seldom fair and usually takes place once a bribe is paid. The dismal state of the rule of law in Afghanistan is one factor that drives people to support the insurgents.  In effect, an ineffective and corrupt Afghan government found in Kabul - and also at the provincial and district level - is a big factor in the help the insurgents receive. Read more in an online news article entitled "Afghanistan's injustice system", AFPAK Channel, Foreign Policy, February 1, 2012.