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6 X 10.Long New.P65 Cambridge University Press 978-1-107-00319-4 - The Rule of Law in Afghanistan: Missing in Inaction Edited by Whit Mason Index More information INDEX Abdullah, Abdullah, 76–7, 193, 194 constitutional monarchy (1964), Abdulmecid¨ (Ottoman sultan), 87 232 democratic and parliamentary abrogation clauses, 279 processes in, 53 Acton, Lord, 78 imperialism without colonialism, ADZs (Afghan development zones), 326 259 Safi/Kunar rebellion (1945), 85–7 Aesop, 22 Soviet invasion (1979) and Afghan development zones (ADZs), occupation, 68, 88, 179, 240, 259 243, 253, 310 Afghan Independent Human Rights as international legal personality, 69 Commission (AIHRC), 182, justice systems in. See justice system 183, 185, 186, 251, 293 Kandahar province. See Kandahar Afghan National Army (ANA) land conflict in. See land conflict building up, 244–6 opium trade in. See opium trade international community, military organised crime in. See organised focus of, 326 crime sustainability of, 92 political and legal culture of. See Afghan national civil order police political and legal culture of (ANCOP), 263 Afghanistan Afghan national development strategy reform initiatives in. See programme, 189, 207 civil-military reform initiatives Afghan, Shafiullah, viii, 2, 308, 323 as rentier state, 253 Afghan Threat Finance Cell, 101 rule of law and. See rule of law ‘Afghanisation’, myth of, 250–3 AIHRC (Afghan Independent Human Afghanistan Rights Commission), 182, 183, corruption and impunity in. See 185, 186, 251, 293 corruption and impunity Akhtar, Haji Hafiz, 114 criminal law code. See criminal law Akhundzada, Mirza Aziz Khan, 86, in Afghanistan 126, 132 elections in. See elections Akhundzada, Sher Mohammed, 126, historical background of 132, 137, 252 as buffer state between Russia and al-Qaeda Great Britain, 85, 235 in Afghanistan, 90, 323 communist coup (1978), 68, 88, in Iraq (AQI), 40–1, 105 179, 243, 253 organised crime funding, 105 330 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-00319-4 - The Rule of Law in Afghanistan: Missing in Inaction Edited by Whit Mason Index More information index 331 Amanullah (amir of Afghanistan), 231, Badie, Bertrand, 231 236, 237, 243 Bahrami, Jamil, 110 AML (against money-laundering) law, Balkanization of efforts at 285–6 reconstruction and amnesty law (2007), 181, 184–6, 251, development, 71, 91–2, 308 323–8 ANA. See Afghan National Army Baradar, Mullah Adbul Ghani, 101, Anan, Kofi, 84 106, 107 ANCOP (Afghan national civil order baramta/machalga, 155, 161 police), 263 Barfield, T., 163 anti-corruption institutions, 188–92, Barno, General, 259 198–9, 283–4 Bashardost, Ramazan, 177 apartheid in South Africa, 20 Bassiouni, Cherif, 244 apostasy/blasphemy cases, 193, 244, Belgian Congo, 228 272 Berry, Glyn, 308 application of rule of law, 28 blasphemy/apostasy cases, 193, 244, arbakai, 154, 157 272 arbitrary power, rule of law as Bonn Conference and Agreement, constraint on, 26, 61, 73, 78 54 architecture, law viewed as, 23–4 compartmentalisation of Aristotle, 26, 61 responsibilities by, 172 Asia Foundation, 70, 76 formal justice system requirements, Asia-Pacific Civil-Military Centre of 152 Excellence, xv as foundation for reconstitution of al-Assad, Hafez, 43 political authority in Ataturk, Kemal and Kemalists, 231, Afghanistan, 69 233–4, 236, 237 international community failures at, Atkin, Lord, 64 53–6 Atmar, Hanif, 256 London conference (2010) Attorney-General’s office referencing, 250 constitution on, 270, 283 parliamentary provisions in, 242 foreign-drafted laws conflicting with Bosnia, 54, 90, 105, 182 role of, 280, 283 Bosnia and Herzegovina, 183 as institution, 152 bottom-up state formation, 35–49 police law of September 2005 and, competitive control, theory of, 287 39–41 under Taliban, 269 efficacy compared to top-down Australia processes, 43–4 legal medical opium cultivation and, functioning government at local 131 level, importance of Uruzgan civil-military reform establishing initiative, 259 Herodotus on Deiokes the Mede as AWK (Ahmed Wali Karzai, brother of example of, 35, 38, 41, 43, 45, Hamid), 56, 126, 302, 308 47 Azimi, Chief Justice, 189 insurgency/counter-insurgency theory and, 36–9 bad (exchanging women as interdisciplinary approach, compensation for crimes), 154, importance of, 47 168 legitimacy, current crisis of, 46, 48 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-00319-4 - The Rule of Law in Afghanistan: Missing in Inaction Edited by Whit Mason Index More information 332 index bottom-up state formation (cont.) political legitimacy of Afghan state by Taliban compared to Afghan dependent on, 250 government, 44–7 PRTs, 9, 254–5, 258, 260–1, 262 Brahimi, Lakhdar, 4 PSS, 258–9 Brooks, Rosa, 29 surge, 246 buffer state, Afghanistan as, 85, 235 transitional justice, international Bulgaria under communism, 23 failure to promote, 251 Bull, Carolyn, 3, 11, 65 Uruzgan approach, 259–61 Burma, British colonialism in, 234 US integrated plan, 261–2, 305–7 Bush administration, 58, 64, 90, 133 vicious circle of armed opposition Butler, W. E., 63 groups, criminal networks, and official elements, 255–6 Cambodia, 54 civil service, failure to reform, 57 capital requirements for state-building civilian casualties, 173–4, 179, 183, process, 226, 230, 237, 240–2, 306 246 CLRWG (criminal law reform working Carothers, Thomas, 3, 10 group), 293–7 cash for drugs programmes, 132–3 coalition forces, US-led, 55, 58, 173–4, Catalysing the rule of law in 323 Afghanistan: Challenges and coercion in state-building process, 226, opportunities (symposium, 237 2009), xv collateral damage (civilian casualties), CCM. See Commission on Conflict 173–4, 179, 183, 306 Mediation Colombia, US drug policy in, 133 Centre of Interdisciplinary Studies of colonialism and state-building, 228, Law (CISL), University of New 325 South Wales, xv Commission on Conflict Mediation Chakari, Sediq, 190 (CCM), 150, 164–9 Chandler, David, 228 assessment of, 164 character of rule of law, 28 cases covered by, 168 Chayes, Sarah, 45, 46, 177 free of charge nature of, 166, 169 China, state-building in, 229, 325 Ministry of Justice, no formal link CISL (Centre of Interdisciplinary to, 168 Studies of Law), University of organic nature of, 167 New South Wales, xv procedural issues, 166–7 civil-military reform initiatives, 249–64 purpose and function of, 164 ADZs, 259 record-keeping issues, 168 ‘Afghanisation’, myth of, 250–3 settlements violating Afghani and DIAG, 55, 57, 251, 256–7 international laws, 168 dualistic approach of, 253 staffing, importance of, 165–6 five pillars of, 252 sustainability of, 169 insurgency/counter-insurgency women’s access to, 169 stifling, 258 common land, shared rights of use of, justice system, 252 207, 220 London conference (2010) communism, Soviet Union under, 19, proposals, 249–50 62, 63 Marjah counter-insurgency strategy, communist Bulgaria, 23 263–4 communist period in Afghanistan © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-00319-4 - The Rule of Law in Afghanistan: Missing in Inaction Edited by Whit Mason Index More information index 333 communist coup (1978), 68, 88, 179, anti-corruption institutions, 188–92, 243, 253 198–9, 283–4 Kandahar under Oloomi, 305 CCM staff, perceived impartiality Soviet invasion and occupation, 68, and neutrality of, 165–6 88, 179, 240, 243, 253, 310 culture of impunity, problem of, competitive control, theory of, 39–41 179–82 compliance with law, incentive for, financial corruption and grand 323–8 bribery, 74 consequentialist defences of rule of law, in formal justice system, 70, 142–3, 64 149, 159, 173, 307 consolidation of power, problem of, 73 general amnesty law (2007), 181, constitution, Afghani (2004) 184–6, 251, 308 amnesty law as violation of, 184 GIAAC, 283–4, 288 article 130, case law involving, 193–7 importance of defeating, 322 on Attorney-General’s office, 270, increasing rates of, 174–5, 200 283 international military forces, consolidation of power under, 73 impunity of, 72, 183, 303–4 criminal justice framework in, judicial independence and 269–72 transparency issues, 192–7, foreign-drafted laws not consistent 200 with, 279, 283 in Kandahar, 312 IEC established by, 75 land conflict and, 205 international human rights laws and legal codes, confusion in, principles enshrined in, 243 267 Islamic Republic, establishing, 243, long-term sustainable development 270 and capacity-building, need for, on land ownership, 206 197–9, 200 parliamentary provisions in, 242 in opium crop eradication presidential power to make law by programme, 314 decree, 272, 286, 290 opium traffickers, state agents as, 7, presidential term limits, flouting of, 124–6, 140 71, 90, 324 organised crime, corruption fuelled right to interpret, 270 by, 101, 118–19 terrorism draft law in conflict with, ‘peace before justice’ argument 292 contributing to, 180–2 constraint on arbitrary power, rule of of police, 141–2, 263 law as, 26, 61, 73, 78 police reform, recruitment of construction projects, Taliban corrupt officers in, 92 extortion of, 118–19 political legitimacy contingent on contextual nature of rule of law, 24–5 defeat of, 201 contextual universalism, 32 presidential election of 2009, fraud control versus ownership in exogenous in, 76–7, 172, 175, 178, 191–2 state-building, 238–40 rentier state, Afghanistan as, 253 coordination problems in Afghanistani security, lack of, 173–4 justice system, 71, 91–2, 323–8 short-term technical assistance not corruption and impunity,
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