A Decade and a Half of Rebuilding Afghanistan’s Justice System

Abstract

This article examines the reconstruction of Afghanistan’s justice system in the post-Taliban period, analysing the achievements and the persistent structural challenges that have emerged over more than a decade of national and international intervention. It provides an overview of the formal state justice system and assesses the extensive efforts undertaken to rebuild legal institutions, professional capacities, and infrastructure since 2001. Despite substantial financial investment and institutional development, the study highlights enduring problems, including endemic corruption, weak coordination among justice institutions, limited access to justice, insecurity, and widespread public distrust. Particular attention is paid to the continued prominence of informal justice mechanisms such as jirga and shura, which remain the preferred means of dispute resolution for most Afghans due to their accessibility, perceived legitimacy, and restorative qualities. The article critically evaluates the relationship between formal and informal justice systems and discusses the emergence and contested implementation of a proposed hybrid model intended to integrate both systems within a coherent legal framework. It concludes that the failure to meaningfully engage with Afghanistan’s social, religious, and normative foundations of justice has undermined reform efforts, and argues that the Afghan experience offers important lessons for justice sector reform in other post-conflict societies.