This report examines the Afghan legal system established under and since the 1964 Constitution against the benchmark of international human rights standards.
The ICJ’s report covers all aspects of existing law relating to the judiciary, the Office of the Public Prosecutor, legal professionals, substantive and procedural laws, criminal law, procedural laws, juvenile justice and the legal status of women.
The report highlights the dearth of available written law and legal professionals in Afghanistan and the current confinement of state law to Kabul and its immediate surroundings.
The report recommends significant legal reform in light of the essential requirements of international human rights standards, judicial training and the gradual expansion of legal structures to rural areas and other cities. The ICJ also premises any such legal reform on the inclusion of women and other vulnerable groups in the process. The report notes the need to take into account the realities of existing customary practices.
Afghanistan-legal system-fact-finding report-2003-eng (full text, PDF)Fact-finding mission reportsReports