Abstract

Afghanistan constitutes a good example of how the absence of transitional justice measures leads human rights violators of past regimes to remain in positions of power with impunity and to continue to engage in other forms of crimes. In particular, this article focuses on land grabbing as a form of economic-state crime in the country. Relying on data gathered from fieldwork in Kabul in 2013 and 2014, we illustrate that economic crime, which is instigated, supported and carried out by the state apparatus, is a form of state crime, which criminology needs to address more seriously. Criminological literature on socio-economic rights violations as a form of economic and thus state crime is very limited, particularly in conflict and post-conflict situations. By focusing on economic-state crime in the (post-)conflict situation of Afghanistan, we aim at bridging the classical divide between transitional justice studies on one hand and criminology on the other hand.

Highlights

  • A Kabul-based researcher and civil society activist stated in an interview during the fieldwork in 2013: The main issue in Afghanistan is that after 2001 the former military groups occupied major governmental posts

  • We offer some insight on this question, arguing that in the absence of TJ measures during multiple periods of transition, and in particular following the fall of the Taliban regime, those accused of masterminding and carrying out serious human rights violations in the past strengthened their political stronghold in the new government and continued to engage in other forms of crimes, namely economic crimes, of which land grabbing will be discussed here

  • We have argued that in “post-conflict” contexts in the absence of robust TJ measures, past human rights violations remain unaddressed and a fertile ground is postulated for other forms of crimes, in particular economic-state crime

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Summary

Introduction

A Kabul-based researcher and civil society activist stated in an interview during the fieldwork in 2013: The main issue in Afghanistan is that after 2001 the former military groups occupied major governmental posts. We offer some insight on this question, arguing that in the absence of TJ measures during multiple periods of transition, and in particular following the fall of the Taliban regime, those accused of masterminding and carrying out serious human rights violations in the past strengthened their political stronghold in the new government and continued to engage in other forms of crimes, namely economic crimes, of which land grabbing will be discussed here.

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