Source: (2012) U. Pa. J. Int'l L. Vol.33:5

The long Afghan conflict has resulted in an extensive destruction of Afghanistan's state justice institutions that existed prior to the former Union of Soviet Socialist Republics ("USSR") invasion of the country in December 1979. The destruction has not only included extensive damage to buildings, office furniture, official records, legal resources, and essential office equipment, but also the death, imprisonment, and migration of hundreds of professional justice officials, including qualified judges, prosecutors, police officers, and prison wardens.' Following the collapse of the Taliban regime, the Bonn Agreement of December 2001 authorized formation of the Afghanistan Judicial Commission.2 The Bonn Agreement tasked the Commission-with help from the United Nations and other international actors - to "rebuild the [Afghan] domestic justice system in accordance with Islamic principles, international standards, the rule of law and 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.