Transitional justice and human rights in Afghanistan

• Published in: International affairs (London) Vol. 79; no. 3; pp. 567 - 581
• Main Author: Rubin, Barnett R.
• Format: Journal Article
• Language: English
• Published: Oxford, UK and Boston, USA Blackwell Publishing Ltd 01.05.2003; Blackwell Publishers; Oxford University Press
• Subjects: Afghanistan; Amnesty; Conflict resolution; Crimes against humanity; Criminal justice; Governmental reform; Human Rights; International agreements; International law; International relations; Justice; Peace; Peacetime; Political History; Political Violence; Reconciliation; Reconstruction; Regime transition; Torture; Transitional justice; Transitions; War; War Crimes; Afghanistan
• ISSN: 0020-5850; 1468-2346
• DOI: 10.1111/1468-2346.00323

Like other societies emerging from protracted conflict, Afghanistan confronts a legacy of past crimes and violence. Communist rulers, Soviet occupiers, rural resistance fighters, Islamist parties, the Taleban movement, Pakistani volunteers, al-Qaeda members, power-seeking warlords, and the anti-Taliban coalition all contributed more or less to the litany of abuses since 1978. Almost no one in the society has been untouched, and almost no one with any power has clean hands. For these very reasons, caution and care are necessary. Demobilizing and reintegrating tens of thousands of irregular militia, as well as creating new security forces are the necessary conditions for the rest of the peace-building agenda, and, as shown by the author's first-hand experience in the Bonn negotiations over the post-Taleban succession, raising the issue of past crimes prematurely may lead fighters to revert to previous modes of behaviour. He argues for a careful start that emphasizes documenting the scale of the abuses with an emphasis on the suffering of the victims rather than the guilt of the perpetrators, in order gradually to support an Afghan debate on how to reconcile the society with its history.