Author: Adam Baczko
Publisher: Oxford University Press
ISBN: 0198896778
Category : Law
Languages : en
Pages : 321
Book Description
How did the Taliban gain the trust of the Afghan population through decades of conflict? How did they put themselves in a position to regulate social relations? And with what consequences for Afghan society? The Taliban Courts in Afghanistan: Waging War by Law explores how the Taliban used the law as a resource in its conflict with militarily and technologically superior Western armies. While the international coalition set up an inadequate and corrupt legal system, the Taliban set up hundreds of courts in the countryside. By insisting on due process, impartiality of judges, and the enforcement of verdicts, this system of justice established itself as one of the few sources of predictability in the daily lives of Afghans. The armed movement used law to substantiate their claim to embody the state, disseminate their vision of society, and establish local legitimacy. Their courts attempted to balance the political agenda of the movement, the demands of Islamic law, the needs of the population, and the expectations of international legal actors whose implicit recognition they desired. In contemporary civil wars, where dispensing justice is at once a juridical activity, a political weapon, and a stake in the war, this book thus accounts for why the West lost the war and how the Taliban took over the country. Based on the author's extensive fieldwork in various provinces in Afghanistan and unique access to Taliban judges and court users, this socio-legal investigation offers new perspectives on a country that was at war for over four decades. Baczko proposes an innovative reflection on the place of law and courts in civil wars as well as a stark reminder of the dangers of foreign intervention. Timely and thought-provoking, this book is appeals to a multi-disciplinary audience including legal scholars, political scientists, sociologists, diplomats, policy-makers, and anyone interested in the Afghan conflict.
The Taliban Courts in Afghanistan
Author: Adam Baczko
Publisher: Oxford University Press
ISBN: 0198896778
Category : Law
Languages : en
Pages : 321
Book Description
How did the Taliban gain the trust of the Afghan population through decades of conflict? How did they put themselves in a position to regulate social relations? And with what consequences for Afghan society? The Taliban Courts in Afghanistan: Waging War by Law explores how the Taliban used the law as a resource in its conflict with militarily and technologically superior Western armies. While the international coalition set up an inadequate and corrupt legal system, the Taliban set up hundreds of courts in the countryside. By insisting on due process, impartiality of judges, and the enforcement of verdicts, this system of justice established itself as one of the few sources of predictability in the daily lives of Afghans. The armed movement used law to substantiate their claim to embody the state, disseminate their vision of society, and establish local legitimacy. Their courts attempted to balance the political agenda of the movement, the demands of Islamic law, the needs of the population, and the expectations of international legal actors whose implicit recognition they desired. In contemporary civil wars, where dispensing justice is at once a juridical activity, a political weapon, and a stake in the war, this book thus accounts for why the West lost the war and how the Taliban took over the country. Based on the author's extensive fieldwork in various provinces in Afghanistan and unique access to Taliban judges and court users, this socio-legal investigation offers new perspectives on a country that was at war for over four decades. Baczko proposes an innovative reflection on the place of law and courts in civil wars as well as a stark reminder of the dangers of foreign intervention. Timely and thought-provoking, this book is appeals to a multi-disciplinary audience including legal scholars, political scientists, sociologists, diplomats, policy-makers, and anyone interested in the Afghan conflict.
Publisher: Oxford University Press
ISBN: 0198896778
Category : Law
Languages : en
Pages : 321
Book Description
How did the Taliban gain the trust of the Afghan population through decades of conflict? How did they put themselves in a position to regulate social relations? And with what consequences for Afghan society? The Taliban Courts in Afghanistan: Waging War by Law explores how the Taliban used the law as a resource in its conflict with militarily and technologically superior Western armies. While the international coalition set up an inadequate and corrupt legal system, the Taliban set up hundreds of courts in the countryside. By insisting on due process, impartiality of judges, and the enforcement of verdicts, this system of justice established itself as one of the few sources of predictability in the daily lives of Afghans. The armed movement used law to substantiate their claim to embody the state, disseminate their vision of society, and establish local legitimacy. Their courts attempted to balance the political agenda of the movement, the demands of Islamic law, the needs of the population, and the expectations of international legal actors whose implicit recognition they desired. In contemporary civil wars, where dispensing justice is at once a juridical activity, a political weapon, and a stake in the war, this book thus accounts for why the West lost the war and how the Taliban took over the country. Based on the author's extensive fieldwork in various provinces in Afghanistan and unique access to Taliban judges and court users, this socio-legal investigation offers new perspectives on a country that was at war for over four decades. Baczko proposes an innovative reflection on the place of law and courts in civil wars as well as a stark reminder of the dangers of foreign intervention. Timely and thought-provoking, this book is appeals to a multi-disciplinary audience including legal scholars, political scientists, sociologists, diplomats, policy-makers, and anyone interested in the Afghan conflict.
The Rule of Law in Afghanistan
Author: Whit Mason
Publisher: Cambridge University Press
ISBN: 1139495526
Category : Law
Languages : en
Pages : 367
Book Description
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Publisher: Cambridge University Press
ISBN: 1139495526
Category : Law
Languages : en
Pages : 367
Book Description
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Rebel Law
Author: Frank Ledwidge
Publisher: Oxford University Press
ISBN: 1849047987
Category : Counterinsurgency
Languages : en
Pages : 230
Book Description
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Publisher: Oxford University Press
ISBN: 1849047987
Category : Counterinsurgency
Languages : en
Pages : 230
Book Description
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Informal Justice and the International Community in Afghanistan
Author: Noah Coburn
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 92
Book Description
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 92
Book Description
Establishing the Rule of Law in Iraq
Author: Robert Perito
Publisher:
ISBN:
Category : Internal security
Languages : en
Pages : 16
Book Description
Publisher:
ISBN:
Category : Internal security
Languages : en
Pages : 16
Book Description
The Pitfalls of Protection
Author: Torunn Wimpelmann
Publisher: Univ of California Press
ISBN: 0520293193
Category : History
Languages : en
Pages : 230
Book Description
At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s open access publishing program. Visit www.luminosoa.org to learn more. Since the 2001 overthrow of the Taliban government in Afghanistan, violence against women has emerged as the single most important issue for Afghan gender politics. The Pitfalls of Protection, based on research conducted in Afghanistan between 2009 and 2015, locates the struggles over gender violence in local and global power configurations. The author finds that aid flows and geopolitics have served as both opportunities and obstacles to feminist politics in Afghanistan. Showing why Afghan activists often chose to use the leverage of Western powers instead of entering into either protracted negotiations with powerful national actors or broad political mobilization, the book examines both the achievements and the limits of this strategy.
Publisher: Univ of California Press
ISBN: 0520293193
Category : History
Languages : en
Pages : 230
Book Description
At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s open access publishing program. Visit www.luminosoa.org to learn more. Since the 2001 overthrow of the Taliban government in Afghanistan, violence against women has emerged as the single most important issue for Afghan gender politics. The Pitfalls of Protection, based on research conducted in Afghanistan between 2009 and 2015, locates the struggles over gender violence in local and global power configurations. The author finds that aid flows and geopolitics have served as both opportunities and obstacles to feminist politics in Afghanistan. Showing why Afghan activists often chose to use the leverage of Western powers instead of entering into either protracted negotiations with powerful national actors or broad political mobilization, the book examines both the achievements and the limits of this strategy.
Rebel Courts
Author: René Provost
Publisher: Oxford University Press
ISBN: 0190912227
Category : Law
Languages : en
Pages : 489
Book Description
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
Publisher: Oxford University Press
ISBN: 0190912227
Category : Law
Languages : en
Pages : 489
Book Description
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
The Afghanistan Papers
Author: Craig Whitlock
Publisher: Simon and Schuster
ISBN: 1982159014
Category : History
Languages : en
Pages : 384
Book Description
A Washington Post Best Book of 2021 The #1 New York Times bestselling investigative story of how three successive presidents and their military commanders deceived the public year after year about America’s longest war, foreshadowing the Taliban’s recapture of Afghanistan, by Washington Post reporter and three-time Pulitzer Prize finalist Craig Whitlock. Unlike the wars in Vietnam and Iraq, the US invasion of Afghanistan in 2001 had near-unanimous public support. At first, the goals were straightforward and clear: defeat al-Qaeda and prevent a repeat of 9/11. Yet soon after the United States and its allies removed the Taliban from power, the mission veered off course and US officials lost sight of their original objectives. Distracted by the war in Iraq, the US military become mired in an unwinnable guerrilla conflict in a country it did not understand. But no president wanted to admit failure, especially in a war that began as a just cause. Instead, the Bush, Obama, and Trump administrations sent more and more troops to Afghanistan and repeatedly said they were making progress, even though they knew there was no realistic prospect for an outright victory. Just as the Pentagon Papers changed the public’s understanding of Vietnam, The Afghanistan Papers contains “fast-paced and vivid” (The New York Times Book Review) revelation after revelation from people who played a direct role in the war from leaders in the White House and the Pentagon to soldiers and aid workers on the front lines. In unvarnished language, they admit that the US government’s strategies were a mess, that the nation-building project was a colossal failure, and that drugs and corruption gained a stranglehold over their allies in the Afghan government. All told, the account is based on interviews with more than 1,000 people who knew that the US government was presenting a distorted, and sometimes entirely fabricated, version of the facts on the ground. Documents unearthed by The Washington Post reveal that President Bush didn’t know the name of his Afghanistan war commander—and didn’t want to meet with him. Secretary of Defense Donald Rumsfeld admitted that he had “no visibility into who the bad guys are.” His successor, Robert Gates, said: “We didn’t know jack shit about al-Qaeda.” The Afghanistan Papers is a “searing indictment of the deceit, blunders, and hubris of senior military and civilian officials” (Tom Bowman, NRP Pentagon Correspondent) that will supercharge a long-overdue reckoning over what went wrong and forever change the way the conflict is remembered.
Publisher: Simon and Schuster
ISBN: 1982159014
Category : History
Languages : en
Pages : 384
Book Description
A Washington Post Best Book of 2021 The #1 New York Times bestselling investigative story of how three successive presidents and their military commanders deceived the public year after year about America’s longest war, foreshadowing the Taliban’s recapture of Afghanistan, by Washington Post reporter and three-time Pulitzer Prize finalist Craig Whitlock. Unlike the wars in Vietnam and Iraq, the US invasion of Afghanistan in 2001 had near-unanimous public support. At first, the goals were straightforward and clear: defeat al-Qaeda and prevent a repeat of 9/11. Yet soon after the United States and its allies removed the Taliban from power, the mission veered off course and US officials lost sight of their original objectives. Distracted by the war in Iraq, the US military become mired in an unwinnable guerrilla conflict in a country it did not understand. But no president wanted to admit failure, especially in a war that began as a just cause. Instead, the Bush, Obama, and Trump administrations sent more and more troops to Afghanistan and repeatedly said they were making progress, even though they knew there was no realistic prospect for an outright victory. Just as the Pentagon Papers changed the public’s understanding of Vietnam, The Afghanistan Papers contains “fast-paced and vivid” (The New York Times Book Review) revelation after revelation from people who played a direct role in the war from leaders in the White House and the Pentagon to soldiers and aid workers on the front lines. In unvarnished language, they admit that the US government’s strategies were a mess, that the nation-building project was a colossal failure, and that drugs and corruption gained a stranglehold over their allies in the Afghan government. All told, the account is based on interviews with more than 1,000 people who knew that the US government was presenting a distorted, and sometimes entirely fabricated, version of the facts on the ground. Documents unearthed by The Washington Post reveal that President Bush didn’t know the name of his Afghanistan war commander—and didn’t want to meet with him. Secretary of Defense Donald Rumsfeld admitted that he had “no visibility into who the bad guys are.” His successor, Robert Gates, said: “We didn’t know jack shit about al-Qaeda.” The Afghanistan Papers is a “searing indictment of the deceit, blunders, and hubris of senior military and civilian officials” (Tom Bowman, NRP Pentagon Correspondent) that will supercharge a long-overdue reckoning over what went wrong and forever change the way the conflict is remembered.
Jihad & Co
Author: Aisha Ahmad
Publisher: Oxford University Press
ISBN: 0190656778
Category : Business & Economics
Languages : en
Pages : 337
Book Description
The rise of militant jihadist groups is one of the greatest international security crises in the world today. In civil wars across the modern Muslim world, Islamist groups have emerged out of the ashes, surged dramatically to power, and routed their rivals on the battlefield.
Publisher: Oxford University Press
ISBN: 0190656778
Category : Business & Economics
Languages : en
Pages : 337
Book Description
The rise of militant jihadist groups is one of the greatest international security crises in the world today. In civil wars across the modern Muslim world, Islamist groups have emerged out of the ashes, surged dramatically to power, and routed their rivals on the battlefield.
Afghanistan: Politics, Elections, and Government Performance
Author:
Publisher: DIANE Publishing
ISBN: 1437927416
Category :
Languages : en
Pages : 31
Book Description
In the context of a review of U.S. strategy in Afghanistan during September-November 2009, the performance and legitimacy of the Afghan government figured prominently. In his December 1, 2009, speech announcing a way forward in Afghanistan, President Obama stated that the Afghan government would be judged on performance, and "The days of providing a blank check are over." The policy statement was based, in part, on an assessment of the security situation furnished by the top commander in Afghanistan, General Stanley McChrystal, which warned of potential mission failure unless a fully resourced classic counterinsurgency strategy is employed. That counterinsurgency effort is deemed to require a legitimate Afghan partner. The Afghan government's limited writ and widespread official corruption are believed by U.S. officials to be helping sustain a Taliban insurgency and complicating international efforts to stabilize Afghanistan. At the same time, President Hamid Karzai has, through compromise with faction leaders, been able to confine ethnic disputes to political competition, enabling his government to focus on trying to win over those members of the ethnic Pashtun community that support Taliban and other insurgents.
Publisher: DIANE Publishing
ISBN: 1437927416
Category :
Languages : en
Pages : 31
Book Description
In the context of a review of U.S. strategy in Afghanistan during September-November 2009, the performance and legitimacy of the Afghan government figured prominently. In his December 1, 2009, speech announcing a way forward in Afghanistan, President Obama stated that the Afghan government would be judged on performance, and "The days of providing a blank check are over." The policy statement was based, in part, on an assessment of the security situation furnished by the top commander in Afghanistan, General Stanley McChrystal, which warned of potential mission failure unless a fully resourced classic counterinsurgency strategy is employed. That counterinsurgency effort is deemed to require a legitimate Afghan partner. The Afghan government's limited writ and widespread official corruption are believed by U.S. officials to be helping sustain a Taliban insurgency and complicating international efforts to stabilize Afghanistan. At the same time, President Hamid Karzai has, through compromise with faction leaders, been able to confine ethnic disputes to political competition, enabling his government to focus on trying to win over those members of the ethnic Pashtun community that support Taliban and other insurgents.