A Patchwork Strategy of Consensus: Establishing Rule of Law in Afghanistan
Abstract
The gavel strike of justice in Kabul does not echo far in the Hindu Kush mountains. The need for rule of law and legal reform in Afghanistan could not be more urgent given the recent successful offensives in the southern provinces. Despite 9 years of efforts by a number of organizations and governments, however, the equitable dispensation of justice in the South and throughout Afghanistan remains an unattained aspiration. Not surprisingly, many Afghans believe that because of corruption, the national government is incapable of resolving disputes arising from the population. Most alarming is that while 67 percent of Kandaharians--a crucial population as capacity develops--believe that the government cannot provide justice because of corruption, 53 percent believe that the Taliban are incorruptible. Combined forces have successfully staged military operations but have not made much progress in establishing the rule of law because unifying leadership and comprehensive rule of law strategic plans are lacking. As a result, the rule of law remains elusive. Moreover, time is running short to effectively establish the principal elements of a system of justice--in particular, a criminal justice system with an integrated network of police, courts, and correctional institutions connected to traditional forms of justice. Without focused leadership and an overall strategic plan, sustained with increased numbers of advisors, the extension and credibility of a functional justice system both in and beyond Kabul will remain ephemeral. As a consequence, the Afghan people will continue to look elsewhere to obtain justice--even the ruthless but efficient justice administered by the Taliban.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 01, 2010
- Accession Number
- ADA536908
Entities
People
- Joseph A. Jackson
- Mark R. Hagerott
- Thomas J. Umberg
Organizations
- National Defense University