Punishment by national/ international courts- transitional justice Dissertation proposal Research Punishment by national/ international courts- transitional justice- how governments deal with the wrongdoing of past regimes in Afghanistan Research hypothesis: How effective is transitional justice in Afghanistan? Taking into consideration the political system in Afghanistan, the lack of political will to pursue justice and the weak cum malfunctioning judicial system as well as the Bonn Agreement. 1 Reason for choosing the topic: the choice of the effectiveness of transitional justice and punishment by both national and international courts in Afghanistan stems from the magnitude of wrongdoings in the past and the desire of the victims to get justice for these wrongdoings.
Similarly, the concept of justice in Afghanistan has proven a discordant issue in international law with scholarly discourse on the issue advocating for effective measures in the attainment of transitional justice and punishment of wrongdoers from the past regimes. The above position results from the reluctance of the international community in pursuing and ensuring that the victims of the atrocities of the past regimes get justice. The ongoing war against both the Al-Qaeda and the Taliban results in destabilization, which hinders the attainment of transitional justice in the country.
The present situation in the Afghanistan is a fragile one and therefore, imposes difficulties in the attainment of justice or punishment by national and international courts. Purpose and goal: In light of the foregoing issues, the aim of this research is to present an analysis on the effectiveness of approaches to transitional justice in Afghanistan as well as the effectiveness of punishment by both international as well as national courts. The intended goal in this case is to ascertain whether the approaches adopted for the attainment of transitional justice are effective.
Ascertaining the capability of ensuring that the wrongs committed during the previous regimes are addressed effectively also informs this goal. In the circumstance that the approach adopted in the pursuit of transitional justice and punishment by national and international courts are not effective, the study looks into the obstacles faced in this endeavor as well as the shortcomings of the process. The primary goal here is to identify the challenges faced thereof and provide a discussion on these challenges.
Ultimately, the study will provide recommendations aimed at attaining effective transitional justice as well as approaches aimed at providing effective punishment by international and national courts on the wrongs committed in the previous regimes.
Barnett R. Rubin. (2003). Transitional Justice in Afghanistan. University of London.
Barnett R. Rubin. (2013). Afghanistan in the Post-Cold War Era. Oxford University press.
David Wisner. (2008). Is Time Ripe for Transitional Justice in Afghanistan? Fletcher School of Law and Diplomacy
Emily, W. (2010). The State of Transitional Justice in Afghanistan: Actors, Approaches and Challenges. Afghanistan Research and Evaluation Unit.
International Crisis Group. (2003). Afghanistan: Judicial Reform and Transitional Justice. International Crisis Group.
Linn Støkken Nielsen. (2011). Transitional Justice in Afghanistan - A Task for the International Community, Or a National Matter? Juridisk Institut, Aarhus Universitet.
Michael Semple. (2009). Reconciliation in Afghanistan. US Institute of Peace Press.
Michael Vinay Bhatia and Mark Sedra. (2008). Afghanistan, Arms and Conflict: Armed Groups, Disarmament and Security in a Post-War Society. Routledge.
Ahmad, N. (2007).Peace or Justice? Transitional Justice in Afghanistan. The International Journal of transitional justice. 1 (1),pp, 173-179.
Alexander, C. ( 2004). The Dilemma of Humanitarianism in the post-Taliban Transition. Bloomfield, CT : Kumarian Press.
Husain Moen and Ahmad Zia Mohammadi. (2009). International Criminal Court (ICC) in Afghanistan A Report of the Consultative Meeting on Obligations of Afghanistan under the ICC. Afghan watch.
International Center for Transitional Justice.
Laura D. (2002). Transitional Justice in Afghanistan: The Promise of Mixed Tribunals. Denver Journal of International Law and Policy, Vol. 31, No. 23, 2002.
Matteo Tondini. (2007). Rebuilding the System of Justice in Afghanistan: A Preliminary Assessment. Journal of Intervention and Statebuilding, v1 n3 (November 2007): 333-354
Patricia Grossman. (2009). Transitional Justice and DDR: The Case of Afghanistan.
Sari Kuovo. (2009) Transitional Justice in the Context of Ongoing Conflict: the Case of Afghanistan. International Center for Transitional Justice.
Sari, K. and Dallas M. (2011). Reconciliation, Justice and Mobilization of War Victims in Afghanistan. The International Journal of transitional justice. 5 (3), pp, 492-503.
Schmeidl, S. (2011). The quest for transitional justice in Afghanistan: Exploring the untapped potential of customary justice. Journal fur Entwicklungspolitik, v27 n3 (2011 11 16), pp, 43-63
Lucas Manley. (2011). Afghan Panel on Human Rights and Transitional Justice. [Online]. (Url http://physiciansforhumanrights.org/blog/guftegu-afghan-panel-on-human-rights-and-transitional-justice.html). (Accessed 25 February 2013).
Nikola SchmidtBottom of Form.(2013). The Flaws of Transitional Justice in Afghanistan. [ Online]. (Url http://www.globalpolitics.cz/clanky/the-flaws-of-transitional-justice-in-afghanistan?en=1) (Accessed 25 February 2013).
Sima, Samar. (2013). Transitional Justice and the Role of Forensic Science. [Online]. (Url http://afghanproject.phrblog.org/). (Accessed 25 February 2013).