journal of international peacekeeping
21 (2017) 246-270
204206
© koninklijke brill nv, leiden, 2019 | doi:10.1163/18754112-02103004
brill.com/joup
JOUP
Rebuilding the Justice Sector of Afghanistan
Conor Foley*
Pontifícia Universidade Católica Rio de Janeiro, Rua Marquês de São Vicente,
225, Gávea – Rio de Janeiro, RJ – Brasil, cep: 22451-900
conorfoley30@hotmailcom
Abstract
The Afghan authorities and the international community have worked together to re-
build the justice sector into something which now at least approximates to a system
that conforms to international standards. This article argues that while the process has
been fraught there have been tangible advances and some verifiable ways to measure
this. Capacity-building support of the state system will require continuing external
monitoring, to gauge its impact, and the state system also has an important role in
monitoring the way in which customary law institutions dispense justice. This article
concludes that, despite many set-backs and uncertainties, now is not the time for the
international community to turn its back on justice sector reform in Afghanistan.
Keywords
Afghanistan – justice sector reform – post-conflict reconstruction – international
interventions
* Dr Conor Foley is a Visiting Professor at the Pontifícia Universidade Católica Rio de Janeiro.
He has worked on legal reform, human rights and protection issues in over thirty conflict
zones for a variety of human rights and humanitarian agencies including: UN Department of
Peacekeeping Operations, UN Office of the High Commissioner for Human Rights, UN High
Commissioner for Refugees, UN-Habitat and Amnesty International. He is author of The Pro-
tection of Civilians by UN Peacekeeping Missions, Cambridge University Press, September 2017,
and The Thin Blue Line: How Humanitarianism Went to War, London: Verso: 2010. Other books
include: Protecting Brazilians Against Torture, London: International Bar Association, 2013;
Another System is Possible: Reforming Brazilian Justice, Brasilia: Ministry for Justice of Bra-
zil, 2012; Human Rights, Human Wrongs: The Alternative Report to the United Nations Human
Rights Committee, London: Rivers Oram, 1995; and Legion of the Rearguard: The ira and the
Modern Irish State, London: Pluto Press, 1992.
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