Afghanistan: U.S. Rule of Law and Justice Sector Assistance
The purpose of this report is to provide background and analysis for Congress on U.S. rule of law (ROL) and justice sector assistance programs to Afghanistan. The report also describes the scope of the ROL problem in Afghanistan, including the role of corruption, and surveys the range of Afghan justice sector institutions. In addition, the report describes U.S., Afghan, and multilateral policy approaches to the Afghan justice sector since the U.S. military invasion of Afghanistan in 2001; U.S. policy coordination and funding; and current U.S. justice sector assistance programs in Afghanistan.
From Normative Pluralism to a Unified Legal System in Afghanistan?
This paper suggests that Afghanistan’s fractured plural legal system is beginning to show some signs of cohesion and coherence. I briefly describe the aspiration set out in the Constitution of Afghanistan and its mandate to legislators and jurists to harmonize Islamic jurisprudence, the principles of justice, customary norms, and international treaty obligations. I then discuss some of the setbacks, obstacles, and more recent progress that have shaped the journey towards that aspiration. The paper specifically addresses the role of lawyers as they learn to navigate the more coherent landscape and the development and impact of a nascent adversarial system. Finally, the paper addresses the role of customary dispute resolution and the bifurcated legal-education system, and their impact on the development of a more unified legal system.
Police and Political Violence in the 1960s and 1970s: Germany and Italy in a Comparative Perspective
Notwithstanding the significant differences between the German and Italian police models (federal and civil vs. centralised and militarised), in both countries the confrontation with the protest movements of the 1960s and 1970s had a profound impact on police conceptions and public order strategies. Police forces in some German federal states (West Berlin) followed a hard line until the late 1960s, while in others (Munich, Hamburg) reforms to the Weimar-centred police intervention tactics took place beginning in the early to mid-1960s. In Italy, traditional police conceptions and strategies remained largely unchanged and re-emerged in 1968. Here, a movement from within the police led to the demilitarisation and unionisation of the state police in 1981. In both countries, fighting left-wing terrorism in the 1970s stimulated technical modernisation and enhanced the centralisation of the police. In critical response to police tactics, in the late 1970s Germany police matters were increasingly perceived as a concern not only of the state but of civil society—even if policing remained a highly contested terrain. In Italy, such matters largely remained state concerns in which only politicians and internal security specialists were entitled to intervene.