The International Crisis Group (ICG) released a new paper on Afghanistan’s judiciary sytem, its faults, failures and the way back to institutional legitimacy and stability. Please find the executive summary here. However, I highly recommend that you read the paper that you’ll find here, in PDF format.
In the meantime, here’s a taste:
The legal institutions have been deeply affected by the political paroxysms of more than three decades of conflict. At the provincial level, the highly centralised system has been unable to answer the demands of the population across difficult and often inaccessible terrain. The weakness of the judiciary has decisively destabilised the country.
The Afghan government and the international community must prioritise the rule of law. It should be the primary pillar of a vigorous counterinsurgency strategy that privileges the protection of rights equally alongside the protection of life. Developing a concrete and dynamic understanding of deficits in the system is the first step toward crafting an effective strategy for reform. Building a human capacity is essential. Providing real security and comprehensive training and education for judges, prosecutors, and other judicial staff is crucial to sustaining the system as a whole.
To restore its legitimacy, the Afghan government will have to work much harder to eliminate corruption, ensure fair trial standards and curtail arbitrary detentions. The international community must recognise that this is not a quick fix, nor is it an issue to be ignored: investing in the rule of law requires long-term commitment. If the U.S. is to have any hope of success in Afghanistan, restoration of judicial institutions must be at the front and centre of the strategy aimed at stabilising the country.
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