Issue 03/10 01 April 2010
AFGHANISTANDevelopments in Justice & ReconciliationMarch 2010
This document is intended to provide an overview of relevant Justice and Reconciliation developments in Afghanistan from 01 - 31 March 2010. More comprehensive information is available on the Civil-Military Overview (CMO) at www.cimicweb.org.
Hyperlinks to original source material are highlighted in blue and underlined in the embedded text.
Reconciliation and Amnesty LawNational Reconciliation, General Amnesty and National Stability Law (Amnesty Law)Causes National and International Protest.
The Amnesty Law, which quietly made its wayinto Afghan law earlier this year (for details on the law and its lawmaking process refer toCFCJustice & Reconciliation Report 02/10), has caused reactions both domestically and internationally.The United Nations High Commissioner for Human Rights Norah Niland called on the Afghangovernment torepeal the law saying the blanket amnesty it provides is likely to undermine
reconciliation efforts since it would prevent Afghanistan from dealing with its past and movingforward. International aid groups such as Care International have warned that the law will further
diminish the confidence Afghans have in the central government in addition to the politicalprogress the country has made up to this point.
International Crisis Group (ICG)
analysts Nick Grono and Candace Rondeaux published an article inthe
Herald Tribune (IHT)
suggesting that current reconciliation initiatives are aworrying sign that peace talks take precedence over justice for both the Afghan government and
the international community. The authors cite the arrest of Mullah Baradar as an example of how
many actors interpret the recent arrest differently but none consider Baradar’s involvement in war
crimes and numerous other atrocities nor have any made efforts to bring him to justice. The
analysts say that the international community has been silent on the recent Amnesty law and is
failing to link reconciliation with accountability which is necessary to confront Afghanistan’s culture
of impunity. Grono and Rondeaux also discuss Afghanistan’s membership in the
ive against prosecutions by the ICC and the Court’s prosecutor Luis Moreno
-Ocampo iscurrently considering opening a formal investigation into Afghan war crimes over the last seven
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