Afghanistan: transitional justice in the midst of war

Abstract

In Afghanistan, there has been much talk about, and international support for dealing with past injustices by developing transitional justice mechanisms. Reconciliation is being promoted as a nation-building strategy. This article argues that the implementation of transitional justice poses several challenges. First, a significant component of such a strategy is based on reconciliation taking place internally among competing armed groups and ethnic identities with the goal of transforming Afghan society. This assumes the cause of past conflicts to be internal and along ethnic divisions which limits the accountability for war crimes. It also considers violence and crimes of war as a thing of the past, ignoring the present situation. Furthermore, given the ongoing war between the US-led forces and the Taliban, insecurity and escalating levels of violence one has to question whether transitional justice can take place during a war. This article concludes that transitional justice is interconnected to perceptions of security and stability. The analysis of the present situation in Afghanistan poses critical questions as to whether memories of victims can be considered as the past in the midst of war.