Why the Taliban are Unbeatable: the justice system in Afghanistan

Afghanistan Courthouse in Asadabad. Image from wikipedia

Frustrated by Western-inspired legal codes and a government court system widely seen as corrupt, many Afghans think that the militants’ quick and tradition-rooted rulings are their best hope for justice. In the Pakistani cities of Quetta and Chaman, havens for exiled Taliban figures, local residents describe long lines of Afghans waiting to see judges.“You won’t find the same number of people in the Afghan courts as you do in the Taliban courts,” said Hajji Khudai Noor, a Kandahar resident who recently settled a land dispute through the Taliban in Quetta. “There are hundreds of people waiting for justice there.”

Western officials have long considered a fair and respected justice system to be central to quelling the insurgency, in an acknowledgment that the Taliban’s appeal had long been rooted in its use of traditional rural justice codes. But after the official end of the international military mission and more than a billion dollars in development aid to build up Afghanistan’s court system, it stands largely discredited and ridiculed by everyday Afghans. A common refrain, even in Kabul, is that to settle a dispute over your farm in court, you must first sell your chickens, your cows and your wife.  Countless training programs funded by Western allies for lawyers and judges have become bywords for waste….

The Taliban have seized on this discontent. In some areas, they have set up mobile courts to reach villages outside their zones of influence. They hold hearings two days a week in the southern borderlands, requiring plaintiffs to produce evidence and witnesses. In Kunar, Taliban legal experts embed with militant commanders to provide services to locals and the fighters.

While few Afghans recall the Taliban rule from 1996 to 2001 with any fondness, the lack of corruption in justice then was seen by some as a strong suit. Bribes were uncommon. The power of litigants and their extended clans mattered less. The implementation of Islamic law, or at least the rural Afghan version of it, was standard.

But the brutality at the heart of Taliban justice has not been forgotten. Mass public executions were common. Minor offenses, like cutting beards short or listening to music, often brought fierce beatings as punishment. Yet the government system still compares unfavorably in the eyes of many Afghan,s

Excerpts from AZAM AHMED, Taliban Justice Gains Favor as Official Afghan Courts Fail, NY Times,  Jan. 31, 2015

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