The quest for transitional justice in Afghanistan: Exploring the untapped potential of customary justice

Abstract

Based upon an analysis of the peace process in Afghanistan since 2011, the article argues that past top-down approaches have failed to achieve the twin goals of peace and justice. Thus, customary justice and its associated structures offers an alternative approach to furthering reconciliation and addressing grievances, as well as to ensuring accountability for wrongs committed at the community level. Drawing from the work of The Liaison Office, the article highlights the advantages of customary justice institutions, but also cautions that their limitations (e.g., discrimination against women, an inability to reign in strongmen and address inter-ethnic conflicts) need to be addressed. The article concludes with the recommendation to establish a best practice association that can set standards for customary justice providers and guarantee the inclusion of women.