Justice and law enforcement in Afghanistan under the Taliban: How much is likely to change?

Abstract

Presents an overview of the justice and law enforcement systems which prevailed in Afghanistan under the Taliban, incorporating personal views of some Afghan intellectuals and Pakistani intelligence officials who had close contact with Taliban personnel. Summarizes the historical background and notes the historic strong, informal social controls with retributive elements of tribal societies; the failed attempt to introduce a Soviet‐style criminal justice system after the Communist coup of 1978; the ensuing period of general chaos and anarchy, brought to an end by the emergence of the Taliban on Afghanistan’s political and military scene by the mid‐1990s, which established some sort of civil order, ruthlessly enforced according to the Taliban’s own interpretation of Islamic justice. Describes the hierarchies within the country’s administrative system and methods of solving civil and criminal disputes. Concludes that it is too early to predict whether a new viable legal order will emerge in the future, particularly when warlords control significant regions beyond the Karzai‐administered city of Kabul.

Citation

Mohammad, F. and Conway, P. (2003), "Justice and law enforcement in Afghanistan under the Taliban: How much is likely to change?", Policing: An International Journal, Vol. 26 No. 1, pp. 162-167. https://doi.org/10.1108/13639510310460341