Afghanistan Analysts Network – English

Posts tagged: Justice


Right and Justice Party launched, as ‘reformist opposition’

Thomas Ruttig

This is the most serious addition to Afghanistan’s political party scene since years: After 14 months of preparations and a two-day conference of its 420 founders on Tuesday and Wednesday, Hezb-e Haq wa Edalat (Right and Justice Party) officially ‘declared its existence’, as you do such things in Afghanistan, today, 3 November, in Kabul. With […]

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Where criminals forgive themselves

Fabrizio Foschini

The Afghan Civil Society Forum (ACSFo) today released a report titled ‘How People Define Violence and Justice in Afghanistan (1958 – 2008)’. Prepared by ACSFo with the funding of the Heinrich-Bӧll-Stiftung, the report provides a valuable insight into Afghans’ perceptions of these two concepts, drawn by their extensive experience of at least the first of […]

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Guest Blog: Let’s Remember Afghanistan on International Criminal Justice Day

Ajmal Pashtoonyar

Last year in Kampala (Uganda), the Assembly of States Parties to the International Criminal Court (ICC) decided to celebrate 17 July as the Day of International Criminal Justice, to commemorate the adoption of the Rome Statute of the International Criminal Court (adopted 1998). As we celebrate International Criminal Justice Day, Ajmal Pashtoonyar* takes the opportunity […]

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Guest Blog: Legal Pluralism – Decentralization of the Rule of Law?

Michael Daxner

The discussion about how Afghanistan’s legal system should work and its three components – state, customary and Islamic law (sharia) – should relate to each other has been going on ever since 2001, without a clear result. Even the constitution leaves loopholes that are reflected in the legal practice. Currently, the Afghan government works on […]

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Who wants peace, needs to get serious about justice

Nader Nadery

The current ineffectiveness in Afghanistan’s justice sector is a legacy of three decades of war and factionalism but not of an historical absence of a formal system of independent adjudication of disputes through courts of law. That it has not been rebuilt, is less due to an inherent inability but to a lack of political […]

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Le «mapping report» sur l’Afghanistan: histoire d’un dossier escamoté


Le Temps (Geneva), 2 October 2010 «Dès décembre 2004, on a senti monter une certaine nervosité aux Nations unies à New York à propos d’une éventuelle publication», se souvient Patricia Gossman. Spécialiste de l’Afghanistan, chercheuse à l’International Center for Transitional Justice, elle a été l’un des trois rédacteurs du rapport. «Aucune raison officielle n’a été […]

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Justice in Afghanistan: the Insect and the Elephant

Gran Hewad

AAN political researcher Gran Hewad attended this week’s opening event of the ‘National Campaign on Supporting Justice in Afghanistan’. He visited the tents, watched the audience and reminisces about the war and the chances of establishing justice. The ‘National Campaign on Supporting Justice in Afghanistan’ is the title of a six day open gathering taking […]

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Justice is missing from Afghanistan


Global Post, 13 July 2010 ‘What Afghans need is a transformation that ends a long pattern of human rights violations’, writes Norah Niland, until recently the chief UN human rights officer in Afghanistan, in an opinion piece.

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UK court rules on detainee transfers and the risk of torture

Kate Clark

Judges at the Royal Courts of Justice in London have given a ‘mixed ruling’ on a bid to stop UK forces transferring detainees to the Afghan intelligence directorate, the NDS. They found that there was risk of torture – which should make transfers illegal – but ruled that they could continue to be transferred to […]

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Six years late, the Constitutional Commission is formed; but will it take on president and parliament?

Sari Kouvo

One of the many ambiguities in the Afghan Constitution is on who has the authority to interpret the Constitution. For no obvious reason a mix of both judicial and legislative oversight was smuggled into the Constitution when it was adopted in 2004. Six years later, the Independent Commission for the Supervision of the Implementation of […]

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After two years in legal limbo: A first glance at the approved ‘Amnesty law’

Sari Kouvo

(Updated: 30 September 2017) – Impunity is certainly a problem in Afghanistan, but now impunity has been made into law. The so-called amnesty law (now titled the National Reconciliation, General Amnesty and National Stability Law) was published in the official gazette in December 2008 (Qaus 1387). While opinions differ about whether the law was formally passed […]

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Presentation on Transitional Justice and Rule of Law

AAN admin

On 5 June 2009 Sari Kouvo made a presentation at the Conference ‘Transitional Justice and Rule of Law: Institutional Design and the Changing Normative Structure of Post-Authoritarian Societies’ in Brussels. The presentation, which focused on the link between past and present impunity, will probably be turned into a chapter in one of the upcoming volumes […]

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