Informal courts in Afghanistan From enemies to allies in the stabilization process

Abstract

 As in many other countries, in Afghanistan formal and informal justice have traditionally competed for the monopoly in the administration of justice. In a struggle that began with the birth of the Afghan state, its leaders have tried to assume the monopoly of justice, displacing traditional systems. Before them, tribes and clans have tried to preserve their independence from the state, retaining the power to administer justice. The new regime that emerged after the fall of the Taliban, initially continued this trend, trying to take the monopoly of the administration of justice. Time would show that informal justice systems, far from being an obstacle to the establishment of an effective rule of law, could pose an ally; a potentially necessary ally.
This work analyzes the rationale leading to this change in attitude, as well as obstacles, advantages and disadvantages that attempt to integrate the formal and informal systems have shown in Afghanistan.