The Rule of Law Effort in Afghanistan: A Success Story in the Making
Abstract
The United States involvement in foreign countries is tied to U.S. strategic goals, and intertwined with military, political,economic, and diplomatic efforts. In El Salvador and Afghanistan, the governments did not fail, nor were they defeated, yet insurgencies continued and the development of the judicial system and the rule of law within the countries are slow to evolve to meet Western standards. Objectives to establishing law and order after conflict include the rule of law and a provision for oversight and accountability for police and other security forces. Using El Salvador as a prognostic outlook on rule of law development and justice sector reform provides a useful analysis of a future Afghanistan. Afghanistan is a success story in the making with the necessary rule of law framework in place following15 years of international security force presence in the country. A long-term commitment by the United States is required to establish security and complete justice sector reforms. Afghanistan is making progress after the fall of the Taliban in 2001 with a democratic republic, laws to enact a justice system, and the personnel to effect a rule of law country-wide. Following security, there are several elements lacking to reform the national security justice system. This includes complete capture and evidence transfer, established criteria for provincial and national jurisdiction, legitimate and transparent investigation and prosecution, secure incarceration, and rehabilitation and reintegration practices to prevent recidivism.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jun 10, 2016
- Accession Number
- AD1017712
Entities
People
- Kyle W. Bayless
Organizations
- National Defense University