"Failure of Implementation of Transitional Justice in Afghanistan" by Narwan Alawi and Tufail Ahmad Peerzada
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Failure of Implementation of Transitional Justice in Afghanistan from 2001-2021: Ascertaining the Political Dimension

Abstract

Afghanistan has witnessed various conflicts for many decades, and as a result, a considerable number of Afghans have suffered and become victims in different ways. Generally, after the end of the conflict, countries try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts establish the trial of the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although, at first, the Afghans hoped that justice would not be ignored, however adopting and following the approach of peace vs justice instead of the justice vs peace approach by the international community and the government of Afghanistan shattered the hopes of transnational justice. Furthermore, in addition to the instability of government institutions, the reluctance of the international community to guarantee transitional justice in Afghanistan, the political influence of warlords and military commanders, and the fragile security situation in Afghanistan further hindered the implementation of transitional justice. In addition to the other reasons, the study primarily aims to highlight the political dimensions of the failure of implementation of transitional justice in Afghanistan from 2001 to 2021.

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