Abstract
In every phase of the conflict in Afghanistan, serious War Crimes and crimes against humanity were committed, resulting in mass killings and forced displacement of millions of Afghan civilians and political opponents. Based on relevant literature, this article investigates the political factors responsible for the failure of transitional justice in Afghanistan, particularly internal and external factors. The article also brings to the fore the impact of the dual process of state-building and peace-building on the implementation of transitional justice. In addition, the paper investigates why the 'Peace first and justice later' strategy proved to be unsuccessful in Afghanistan as the Taliban continued their atrocities, fighting Afghan forces and killing innocent people in suicide attacks. The paper finds that the failure of transitional justice in Afghanistan is due to both internal and external factors. Further, the paper finds that Afghanistan has never been a post-conflict state, unlike other countries that have experienced transitional justice processes. Therefore transitional justice measures were never implemented.
Highlights
In the past 30 years, Afghanistan has continuously been involved in a protracted conflict
During the long years of armed conflict, the people of Afghanistan suffered from gross human rights violations
Amnesty law was in many ways a death blow to the formal transitional justice process in Afghanistan, ensured blanket amnesty to all the political wings and hostile parties who had been in conflict before the formation of the interim administration, turning impunity into law
Summary
In the past 30 years, Afghanistan has continuously been involved in a protracted conflict. Amnesty law was in many ways a death blow to the formal transitional justice process in Afghanistan, ensured blanket amnesty to all the political wings and hostile parties who had been in conflict before the formation of the interim administration, turning impunity into law According to this law, 'all those who committed violence and human rights violations before December 2001 shall enjoy all their legal rights and shall not be prosecuted' (Human Rights Watch, 2012). The failure of transitional was due to the strong opposition of human rights violators, the reluctance of the international community, lack of stability and inability of the Afghan government to ensure justice to the victims of conflict. Afghanistan's constitution prohibits anyone convicted of crimes against
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