The State Judiciary

Overview

Article 159 of the 2004 Constitution of Afghanistan states that a decree is to be passed “regarding the structure and authorities of the courts and basic administration structures.” To fulfill this mandate, the Law on Organization and Jurisdiction of the Courts of the Islamic Republic of Afghanistan was passed on May 21, 2005 (translation available at supremecourt.gov.af). Articles listed below discuss the court system mandated by the Constitution and LOJC. Articles that discuss both the state court system and the informal justice system are listed in section 6.

This section also includes articles relating to transitional justice, “rule of law” efforts, and commercial law. Most writing about the former two issues is part of discussions related to judicial reform. For the latter, commercial law, there is not enough material listed to justify a full section of the bibliography. Furthermore, commercial law seems to be viewed more widely as the domain of the state court, rather than the village council.

See cross reference notes at the end of this section.



Afg. Legal Educ. Prog, Stan. L. Sch., An Introduction to the Commercial Law of Afghanistan (2011), available at alep.stanford.edu.

Afg. Legal Educ. Prog, Stan. L. Sch., An Introduction to the Commercial Law of Afghanistan – Statutory Supplement (2011), available at alep.stanford.edu.

Faiz Ahmed, Afghanistan’s Reconstruction, Five Years Later: Narratives of Progress, Marginalized Realities, and the Politics of Law in a Transitional Islamic Republic, 10 Gonz. J. Int’l L. 269 (2007), available at gonzagajil.org.

M. Cherif Bassiouni & Daniel Rothenberg, An Assessment of Justice Sector and Rule of Law Reform in Afghanistan and the Need for a Comprehensive Plan (2007) (unpublished manuscript available at law.depaul.edu).

Petter Bauck, Torunn Wimpelmann Chaudhary, Orzala Ashraf Nemat & Arne Strand, Appraisal of Extended Rule of Law Project in Faryab, Afghanistan (2010), available at norad.no.

Tanya Domenica Bosi, U.N. Report: Post-Conflict Reconstruction: The United Nations Involvement in Afghanistan, 19 N.Y.L. Sch. J. Hum. Rts. 819 (2003).

Maren Christensen, Judicial Reform in Afghanistan (Tufts 2010), available at tufts.edu.

Patricia Grossman, The Past as Present: War Crimes, Impunity and the Rule of Law, in, State Reconstruction and International Engagement in Afghanistan (2003), available at lse.ac.uk.

Frank Ledwidge, Justice and Counterinsurgency in Afghanistan, 154 RUSI J. 6 (2009), available at usacac.army.mil.

Rama Mani, Ending Impunity and Building Justice in Afghanistan, Afghanistan Research and Evaluation Unit Issue Paper Series (2003), available at areu.org.af.

Max Planck Institute for Comparative Public Law and International Law, Max Planck Manual on Judicial Ethics in Afghanistan (2nd ed., 2009), available at mpil.de.

Laurel Miller & Robert Perito, Establishing the Rule of Law in Afghanistan, 16 United States Institute of Peace Special Report 117 (2004), available at usip.org.

Ramin Moschtaghi, Organisation and Jurisdiction of the Newly Established Afghan Courts – The Compliance of the Formal System of Justice with the Bonn Agreement, 10 Max Planck Yearbook of U.N. L. 531 (2006), available at mpil.de.

William H. Spencer, Promoting a Formal System of Justice, 17 Conn. J. Int’l L. 445 (2002).

Epaminontas E. Triantafilou, In Aid of Transitional Justice – Eroding Norms of Revenge in Countries with Weak State Authority, 10 UCLA J. Int’l L. & Foreign Aff. 541 (2005).

Ali Wardak, Promoting a Formal System of Justice, 16 Euro-Atlantic Q. 21 (2009).

Emily Winterbotham, The State of Transitional Justice in Afghanistan, Afghanistan Research and Evaluation Unit (2010), available at areu.org.af.

Emily Winterbotham with Akbar Ludin, Amin Sheikhzadeh, Farkhloqa Amini, Fauzia Rahimi, Jamila Wafa, Shukria Azadmanesh & Zaman Sultani, Wartime Suffering: Patterns of Violations in Afghanistan, Afghanistan Research and Evaluation Unit (2011), available at areu.org.af.

Legacies of Conflict: Healing Complexes and Moving Forwards in Kabul Province, Afghanistan Research and Evaluation Unit Case Study Series (2011), available at areu.org.af.

Emily Winterbotham & Fauzia Rahimi, Legacies of Conflict: Healing Complexes and Moving Forwards in Bamiyan Province, Afghanistan Research and Evaluation Unit Case Study Series (2011), available at areu.org.af.

Emily Winterbotham, Legacies of Conflict: Healing Complexes and Moving Forwards in Ghazni Province, Afghanistan Research and Evaluation Unit Case Study Series (2011), available at areu.org.af.

See also:

For discussion of court procedure, defendants’ rights, and criminal law, see Criminal Law (section 9).

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