State and non-state justice systems in Afghanistan: The need for synergy

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.