Crime and Criminal Justice in Afghanistan

Abstract

Afghanistan has undergone profound transformation over the past two decades. Among other developments, a plethora of legal and institutional reforms have revamped the criminal justice system. As with other jurisdictions, the Afghan system has its own idiosyncrasies and challenges. The country’s legal pluralism and informal justice sector, for instance, present intriguing dynamics and layers of complexity. Notwithstanding the progress made, the Taliban’s recent military takeover has raised the specter of backsliding on the gains of the last twenty years.

This chapter examines key issues regarding crime and criminal justice in Afghanistan. Part I contextualizes the discussion by explaining the country’s pluralistic legal system and core concepts germane to the notion of crime under Afghan law. Part II surveys policing and law enforcement. Part III explores the role of judicial institutions in adjudicating criminal cases. Part IV analyzes the topic of penal sanctions. Finally, Part V discusses the implications of the Taliban’s resurgence on the criminal justice system.

Keywords: Afghanistan, Afghan Law, Criminal Justice, Criminal Law, Crime, Policing, Law Enforcement, Sentencing, Punishment, Corrections, Comparative Law, Legal Reform, Law and Development