
Afghanistan is ruled not by law, but by power and patronage. The absence of the rule of law fuels the country's savage insurgency. When citizens can't rely on the state to protect them against systemic abuses, then rebellion becomes a far more attractive option. Tragically, in Afghanistan the abusers, more often than not, are from the government itself - including ministers, governors, police chiefs and militia leaders.
It needn't be this way. If there is one policy reform that all the main actors in Afghanistan purport to agree on, it's the critical importance of building the rule of law. President's Karzai's speeches are liberally salted with promises to reform the legal system and tackle corruption. The Taliban understands that a key way to win Afghans' hearts and minds is to provide them with the justice they so desperately desire. It does so by setting up mobile courts, delivering a very rough and ready justice, but one that is often preferred to the arbitrary rule of local commanders. And Western governments have spent billions on rule of law reforms, with little tangible impact.
So with this apparent unanimity on the need for the rule of law, why in Afghanistan do the powerful continue to abuse the weak with near total impunity?
The answer is that the purported commitment is largely in name only. True rule of law requires laws that are public, clear, and apply equally to everyone. It needs government officials who accept that they are subject to the law. It requires reasonably fair, competent, and efficient courts, prosecutors and police who respect the presumption of innocence and due process. It needs judges who are reasonably independent and impartial, and have the confidence in their safety to properly perform their jobs.
But the reforms necessary to achieve all this present an existential threat to the power of the ruling elite in Afghanistan. Building the rule of law involves challenging vested interests at the highest levels of the government. It is far more a political exercise than a technical one. Many Afghan power holders -- from President Karzai downwards -- benefit from a patronage based system. It enables them to buy and maintain loyalty. Corruption is an integral part of such a system.
It's not just corruption that thrives in such an environment. Equal treatment by the law requires that those who have committed atrocities against their people be held accountable for these crimes. Failure to do so promotes a climate in which the powerful continue to commit abuses with impunity. But in Afghanistan those responsible for grave human rights abuses continue to occupy positions of power. These include officials like Vice Presidents Mohammad Fahim and Karim Khalili, who face credible accusations of war crimes or crimes against humanity during the brutal civil war. They also include a generation of post-Taliban leaders -- such as the Minister of Tribal and Border Affairs, Asadullah Khaled, as well as powerful provincial governors allied to Western forces -- accused of serious human rights violations since 2001. A report soon to be released by the Afghan human rights commission -- if not blocked by the government -- will document many of the past crimes.
International intervention encouraged and promoted this impunity by returning to power warlords and commanders. Influential international actors continue to rely on alliances of convenience with these abusive power holders to promote perceived stabilization goals.
Meanwhile the Taliban also preys on the local population, and subjects those it is purporting to liberate from foreign occupation to horrendous abuses, including suicide bombings, assassinations and the use of civilians as human shields.
For Afghans, the tragic result is that today's reality is not much different from that of the last thirty years, and their lives are still dominated by powerful men with guns.
Achieving accountability is not a question of naïve aspiration: the culture of high-level impunity must be challenged, as failure to do so will undermine all other rule of law efforts and perpetuate an environment in which conflict will flourish.
The culture will not change until some of those responsible for the worst abuses against the Afghan people are prosecuted. The best option would be for the government itself to pursue some of these abusers. This would increase its legitimacy in the eyes its people and would send a clear warning to those in authority and to those seeking to do deals with the government who believe they can continue to kill with impunity. It would also undermine one of the claimed attractions of the Taliban -- that it provides harsh, but fair, justice where none otherwise exists.
Unfortunately, there is no prospect of the government providing high-level justice. The Karzai administration has consistently opted for expediency over principle when it comes to accountability, most notably in enacting a law giving amnesty to former warlords. Most international actors have been largely silent on this law. In fact, it appears that a desire for a quick exit by NATO countries may have stifled all discussion of the critical need to link reconciliation with accountability and to tackle Afghanistan's longstanding culture of impunity.
But expediency will not promote stability, and a failure to build the rule of law will lead to more instability, not less. It will also ensure that Afghan power holders - government and Taliban alike - continue to commit abuses that shock the conscience of the international community and fuel the very instability that led, a decade ago, to such a costly international intervention.
Nick Grono is the Deputy President of the International Crisis Group.
Aref Karimi/AFP/Getty Images

The title of Ken Ballen's recently released book, Terrorists in Love: The Real Lives of Islamic Radicals, is misleading. I put off buying it for some time because of the title, which implied it would provide a sympathetic view of terrorism and constitute yet another rant against "failed" U.S. counterterrorism policies since 9/11.
However, I have always been impressed with the nonprofit organization run by Ken Ballen, Terror Free Tomorrow, and its solid polling work in Pakistan and other Muslim-majority countries. This compelled me to take a closer look at the book, which I ended up reading on a flight to South Asia last fall.
Terrorists in Love is more than a captivating read. It provides fresh insight into how al-Qaeda and its jihadist allies have manipulated young Muslim men into following a hateful and destructive ideology that kills countless innocents -- mostly other Muslims. We have heard a great deal about al-Qaeda's recruitment and training process from U.S. experts, but Ballen describes the terrorism phenomenon in the jihadists' own words, bringing deeper understanding to the issue.
Through interviews and extensive research, Ballen profiles six jihadists, some of whom eventually renounced al-Qaeda. It is the stories of those who become disillusioned with al-Qaeda and its aimless violence that are the most interesting and that need to be publicized more widely. Indeed, exposing first-hand personal accounts of the contradictions and corruption within the terrorist movement likely will hasten its demise -- a process already underway thanks to the elimination of Osama bin Laden and an aggressive drone-missile campaign in Pakistan's tribal border areas.
Ballen acknowledges in his introduction that there are many different paths to becoming a jihadist and that the individual stories in the book should not be viewed as representative of all radical Islamists. The first chapter is a telling eyewitness account of al-Qaeda deceiving a young man into taking his own life and others. Ahmad al-Shayea is a Saudi who at the age of 19 goes to Iraq to fight Americans, after seeing photos of tortured prisoners at Abu Ghraib. It is a story of disillusionment -- one that many other Muslim men would surely have expressed, had they lived to tell about it.
Ahmad al-Shayea is tricked by two Iraqi fighters into driving a truck loaded with explosives, from which the two Iraqis suddenly jump, just before the bombs go off. Ahmad miraculously survives the explosion, and the rest of the chapter recounts his recuperation at an American hospital in Iraq.
After the ordeal, Ahmad retains his steadfast belief in Islam, but he has awoken to the al-Qaeda lie. He proclaims his desire to go on television to tell other young Saudis that "Al-Qaeda was not for Islam; it was not for humanity." And that, "I am a living example of al-Qaeda's hellfire...I want them to see how al-Qaeda tricked me into killing innocent people."
Terrorists in Love pulls no punches in its depiction of the close relationship of the Pakistan military with jihadist terrorism. In one chapter, Malik -- an Afghan refugee who grows up in Pakistan, joins the Taliban, and has personal encounters with Mullah Omar -- becomes disillusioned with the Afghan Taliban when he discovers its reliance on Pakistan's intelligence agency (run by the Army) for training, weapons and funding. Malik feels ashamed that his organization must rely on an army that also receives support from the Americans. However, instead of abandoning jihad, Malik joins the Pakistani Taliban to attack what he views as the double-dealing Pakistani military.
In the fifth chapter, we become acquainted with a Pakistani jihadist whose father is a colonel in the Pakistan Army. The colonel is disdainful toward Islamist extremists and works for the Strategic Plans Division, which controls Pakistan's nuclear arsenal. His responsibilities include keeping Pakistan's nuclear assets out of the hands of extremists, like his own son. The irony of this complex father-son relationship story brings home the reality of the dangers in Pakistan, where the institution in charge of protecting the country's nuclear weapons also arms and trains the Afghan Taliban.
Ballen concludes from his research and interviews that Muslim communities themselves must develop ways to counter extremism, while also acknowledging that the U.S. cannot afford to be complacent against extremists dedicated to killing Americans. His overall recommendation for the U.S. to simply lead by example is unrealistic, however, especially in light of the democratic revolutions sweeping the Middle East, where U.S. silence could contribute to more bloodshed. America should not retreat from actively promoting democratic ideals in the Middle East, as Ballen suggests, particularly since the principles of liberal democratic governance are a powerful antidote to Islamist extremists' message of intolerance, hatred, and repression.
Ballen's work is well worth a read by anyone seeking to understand more fully the complex and multiple factors that drive terrorism. The reader will have to judge whether Ballen was brave or merely naïve in agreeing to meet with extremists at hotels in Islamabad. But the conversations he recorded from those probably ill-advised meetings are eye-opening, and should help U.S. policymakers develop more finely-tuned messages and policies to fight the ideological battle laid bare in Terrorists in Love.
Lisa Curtis is a Senior Research Fellow on South Asia at the Heritage Foundation.
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Though the embattled Pakistan Peoples Party (PPP)-led government breathed a sigh of relief after passing what may be called a "pro-democracy" resolution in parliament on the evening of January 16, hours later the country's Supreme Court issued a contempt of court notice to the Prime Minister Yousaf Raza Gilani for his refusal to reinstate corruption charges filed against President Asif Ali Zardari in a Swiss court.
Many analysts see the political crisis currently wracking Pakistan as a do-or-die moment for its civilian government. However, the country's all-powerful army is also feeling the heat of events this time, mainly due to the visible shift in public opinion against an explicit military intervention in the country's politics.
Despite provocative, albeit well-placed, ‘state-within-the-state' comments by Prime Minister Yousaf Raza Gilani about the army and its powerful intelligence arm the Inter-Services Intelligence Directorate (ISI), or Prime Minister Gilani's decision to sack the well-respected Defense Secretary Naeem Khalid Lodhi, the military leadership so far opted to keep its hands off direct intervention, instead opting to voice its displeasure in the media.
Instead, analysts believe, the generals are using their mighty arm behind the scene, by pushing an interventionist Supreme Court not to let the civilian government off the hook.
The first case in question is the murky memo addressed to former U.S. Chairman of the Joint Chiefs of Staff Adm. Mike Mullen allegedly asking for help stopping the Pakistani generals from carrying out a coup following the May 2 raid in Abbottabad. The second is the controversial National Reconciliation Ordinance (NRO) introduced by former dictator Pervez Musharraf, which grants amnesty to all political leaders, workers and bureaucrats accused of corruption, embezzlement and misuse of authority between January 1, 1986 and October 12, 1999.
Notwithstanding the media criticism of the civilian government over a host of issues including good governance, the country's poor economic situation, law and order problems in places like Karachi, Pakistan's seething energy crisis and apologetic approach towards militancy, the majority of leading analysts, newspapers and television commentators have come out clearly against extra-constitutional measures and an overt seizure of power.
In his commentary in the U.K.-based Guardian newspaper, journalist Muhammad Hanif says the Pakistan army is at least partially responsible for the troubles afflicting the nuclear-armed country and its 180 million people: "Pakistan's army is as corrupt as the politicians from whom it wants to save the country. It's just better at paperwork."
During the past three major coups in 1958 (Gen. Ayub Khan), 1977 (Gen. Zia) and 1999 (Gen. Musharraf), political leaders, civil society and even the majority of media outlets welcomed the change, hoping for a better future for the country. However, there are no such feelings visible this time, not even from the staunchest opponents of the government among politicians, civil society and the media.
Following the Army's prediction of "grievous consequences" in response to Prime Minister Gilani's interview with a Chinese newspaper, one of Pakistan's leading newspapers, Express Tribune, put a key question before its readers about the army's role in the country's politics: "The first question that comes to mind as one reads this is, did the military's actions in 1958, 1977 and 1999 also reflect an "allegiance to State and the Constitution"? Is not a former army chief on record as having said that the Constitution was a mere piece of paper?"
Discussing the same subject, another leading newspaper, Dawn writes: "One thing in particular bears stating: if Pakistan had been a more developed democracy, the authors of the ISPR [Inter-Services Public Relations] statement this week would have been summarily sacked."
Additionally, many journalists in Pakistan seem to be more aware of their critical role in saving democratic institutions this time. In her article in Express Tribune, analyst Nasim Zehra writes: "Had there been an independent electronic media in October 1999 there would have been no coup."
What is different now, though, more than three years after Pakistan's return to democracy, is the role played by the Supreme Court as a perceived advocate of the armed forces. Discussing the recent decision of the Supreme Court questioning the ‘honesty' of Prime Minister Gilani on the basis of Quranic injunctions against being deceitful, a Daily Times columnist Dr. Muhammad Taqi writes: "In a country reeling under the effects of radicalization, the last thing needed is the industrial-strength moral certitude and virtual proselytizing from the bench." In his article entitled "Judicial Hubris," Dr. Taqi states that "it is most unfortunate that the honorable judges have repeatedly resorted to religious rhetoric to establish the case against the NRO beneficiaries."
Another columnist, Kamran Shafi, writing in Express Tribune on the same subject, asks the Supreme Court as why the judicial commissions are silent over the role of intelligence agencies in their failure to track down bin Ladin in garrison town of Abbottabad or the culprits behind the tragic murder of journalist Saleem Shahzad. Shafi continues: "What is of utmost import today; what is a matter of life or death for many Pakistanis; what will determine whether we are a civilized people or a horde of wild brutes is the shamefully non-conclusive report on the brutal and savage beating to death of journalist Saleem Shahzad."
Like several other analysts, Ilyas Khan of the BBC believes that the army is supporting the Supreme Court behind the scene to push the government to the corner. "Instead, the military are thought to prefer to let the Supreme Court use "constitutional" methods to go after the government."
Meanwhile, the Urdu-language newspapers, mostly known for their anti-American and anti-government comments, have generally continued to criticize the government's inefficiency, but have still asked for an end to the crisis in accordance with the tenets laid out in the Constitution of Pakistan.
In its editorial on January 15, just a day after the government introduced a pro-democracy resolution in the parliament the Urdu-language Daily Express praised Pakistan's political parties for struggling to resolve the crisis through democratic means.
Another Urdu-language newspaper, the Daily Mashriq, criticizes the government for its ‘inefficiency' and ‘non-implementation' of the court decisions regarding the NRO, but also opposes the tussle among the state institutions (i.e. the parliament, army and judiciary), arguing that this infighting will have negative effects on the future of democracy.
Commentator and analyst Ayaz Amir, in his article entitle "double standards and hypocrisy" in the Urdu daily Jang, says no one can deny the fact that the present government is inefficient. But, he says, it is time for the opposition to let it complete the remaining one year on its term for the sake of democracy.
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The rapid pace of movement on the political front makes predictions impossible, though the most likely scenario will be the government's agreement with the opposition parties, both inside and outside the parliament, to an early election following the voting for Senate, due to take place in March of this year.
While the military is in no position to stage a direct coup for a number of reasons, including opposition from both pro- and anti-government parties alike, it is the Supreme Court of Pakistan that poses the most direct threat to the existing government serving out its current term.
The opposition parties have their own axes to grind. The main opposition party, the Pakistan Muslim League-Nawaz (PML-N) is apparently resisting an overt army action, but will not weep if the government is sacked by the Supreme Court with behind-the-scenes approval from the army.
The reason for allowing this to happen is clear: To stop the PPP from getting a majority in the Senate election due in March and do not allow more time to cricketer turned politician Imran Khan, whose previously downtrodden Tehrik-e-Insaaf is unexpectedly making headway in many cities. Khan's critics believe he enjoys secret support from "the establishment," which means the army and its intelligence agencies.
The people of Pakistan, suffering under price hikes for energy and gasoline, high unemployment, and numerous other problems, would shed no tears if the government were sent packing under pressure from the Supreme Court. However, a direct army intervention is likely to be resisted, mainly because of the army's shattered image following the Musharraf era.
Some sources in the pro-PPP camp say the government would rather to be removed through direct army intervention than by the Supreme Court, just to become a ‘Siasee Shaheed' (political martyr) and garner public sympathy before the next general elections. Hence, political circles close to the PPP leadership may not rule out steps provoking the army -- including seeking the resignation or sacking of the Army and ISI chiefs -- once the party sees clear chances of removal from government through the Supreme Court. One last option for the government, in a bid to avoid the Supreme Court action, is the resignation of Prime Minister Gilani, which could postpone, if not fully avert, the existing crisis -- until the crucial Senate election at least. Prime Minister Gilani is due to appear before the Supreme Court on Thursday, January 19 with regard to the NRO case.
With nothing clear about the future, the only solid element seen on Pakistan's political horizon is the strong resolve shown by the people, media, civil society and the political parties to say "no" to a possible military intervention and ‘yes' to democracy and to the supremacy of the Constitution. What that will mean in reality, though, is anyone's guess.
Daud Khattak is a journalist currently working for the Radio Free Europe/Radio Liberty's Pashto-language station Radio Mashaal.
A. MAJEED/AFP/Getty Images

Afghan women have long fought for a say in their country's future, but that fight has grown more urgent in the run-up to the Bonn Conference, a gathering charged with laying out a plan for Afghanistan for 2014 and beyond.
So far, women's battle to win a substantive role at Bonn - and any other peace talks that may come to the capital - has gained little traction either at home or abroad. And in the US, those backing women say they face an uphill fight convincing the Obama Administration to speak out more about the need for women's participation.
Afghan women leaders have issued press releases and formal position papers in the run-up to December's meeting demanding that civil society makes up 30 percent of Afghanistan's delegation to the Bonn Conference, with women accounting for half of that group.
The Afghan government has not yet announced its official delegation, but so far one man and one woman from civil society have been invited to Bonn, with the woman getting three minutes to address the plenary. Of the sixteen women attending a separate civil society forum, only one will have access to the official conference, according to the Institute for Inclusive Security, which recently brought Afghan women leaders to Washington to press their case on the Hill and with the Obama Administration.
"We would like to have strong participation in these processes, we would like to know what is being discussed, what is put on the table," says Orzala Ashraf, a peace activist and founder of an Afghan NGO for women and children. "We would like to ensure that these bargaining chips (in any peace process) are not women's rights or our achievements of the past ten years."
With the U.S. and its NATO allies focused on extricating themselves from Afghanistan, the task of laying out the path ahead has assumed extreme urgency for Afghans. "It is of high importance for women's groups and civil society to make sure their voices are included in any road map," says Ashraf, "in any direction that Afghanistan is going to take."
But whether those voices will be heard remains an open question.
As Human Rights Watch noted, "The Afghan government and its international backers say that women's rights are one of their ‘red lines' as they plan for the withdrawal of international forces. If this is the case, why are Afghan women struggling to get a seat at the table in Bonn?"
Those in Washington attribute part of the reason to a White House inner circle that sees the role of women as far removed from the issue of Afghan security. As the Washington Post famously noted earlier this year, women are seen as "pet rocks in our rucksack" that are "taking us down."
"These guys don't get it," said a senior administration official who has argued that women's participation is crucial for Afghanistan's stability, as then-Secretary of State Colin Powell did in 2002. "Ten years on we still have to make the case that women are additive."
As I've written in these pages, it is far from the situation of a decade ago when leaders across Washington fanned out before the cameras to speak about the importance of supporting Afghan women. After five years of Taliban rule, in which women were denied the rights to work and education and to leave their homes, the international community offered its arrival in 2001 as a new start.
Secretary of State Clinton helped women leaders win a speaking role at last year's Kabul Conference and has promised women that "we will not abandon you," but with her departure imminent and 2014 looming, talk of a Taliban return is surging.
Fears of what the Taliban's ascendance would mean for women have only grown stronger with news of the stoning death of a woman and her daughter in Ghazni Province. Assassinations of leading human rights supporters and police officials and attacks on girls schools have skyrocketed in recent years - even as talk of a peace deal with the Taliban has come to be viewed in NATO capitals as the best option for ending the war.
Some American advocates for women say any talk of Taliban negotiations is misplaced, especially given the recent assassination of former President and head of the High Peace Council, Burhanuddin Rabbani.
"We don't think anybody should be negotiating with the Taliban," says Esther Hyneman of Women for Afghan Women, which runs family centers and safe homes for abused women across Afghanistan. "If the Taliban wanted a role in the government, why don't they run for parliament in a democratic election? They don't want a role in the Afghan government -- they want the Afghan government."
Women's group leaders say that just like in the 1990s, when they lobbied to stop the Clinton Administration from recognizing the Taliban government, they will not stand by quietly while women half a world away are denied their constitutionally guaranteed rights to work and education. They note that Afghan women are making progress for themselves, pointing to the rising number of girls attending school, as well as female midwives, police officers, lawyers, entrepreneurs, civil society activists, parliamentarians and educators as evidence.
"We will keep the pressure on and support women in any way we can," says Eleanor Smeal of the Feminist Majority Foundation, which helped to lead the fight against Washington's recognition of the Taliban in 1996. "There is now a huge network of non-profit organizations within Afghanistan and we are talking to them and they are taking the lead. What we can do is continue to put pressure on the U.S. government not to agree to anything that omits half the population."
Yet some wonder just how committed the White House is to supporting women's participation in their country. The President has not spoken often about Afghanistan - and far less about the country's women.
"Perhaps the tremendous unpopularity of the war puts [President Obama] in an awkward position," says activist Mavis Leno, wife of talk show host Jay Leno and one of the women who put the issue on America's map -- and in PEOPLE Magazine in 1998 -- after the Taliban came to power in 1996. "I don't think he is doing as much as he could."
Hyneman goes further:
"I am at my wit's end at the lack of discussion by the media, by our government, by our president on the issue of women's rights in Afghanistan." Of Obama, Hyneman says, "I am appalled that he has not mentioned Afghan women's rights since his speech on withdrawing US troops."
Women's activists say they are watching closely to see exactly what the Afghan government -- with support from the United States -- agrees to in any peace deal.
"I just don't understand why the fate of these women has to be considered as special pleading," Leno says. "Are we just going to stand back and see this happen again? Women were making it a little way up the hill; can we at least make sure that they don't slide back down again?"
They say they share Americans' desire to end the country's longest war, but that a peace that leaves women out will not last.
"We are in favor of peace, but this is not the road to peace, it is the road to bloodshed and subjugation and civil war, a repeat of the years past," Hyneman says. "Everyone will be sitting in front of their TV sets wringing their hands as we see women brutalized."
EMMANUEL DUNAND/AFP/Getty Images

Real enemies will whisper about you. The murmursand hisses to discredit Ali Soufan have echoed through the community of opinionmakers and terrorism experts, and have even reached me. Shortly before Soufan's book, The Black Banners, was published, aproducer from a major media outlet spoke with me. "Was it true that Soufan had been a low-levelFBI employee, who could not speak with authority about the nature of theterrorist threats to the United States because he lacked the necessarysenior-level perspective? Wasn't he exaggerating his knowledge and role? Wasn't he a bit of a self-promoter?" theproducer asked.
I could not help but smile to myself as Ilistened; the same character assassination had happened to me when my own bookon interrogation and the War on Terror came out. I had been kept off a number of programs as aresult. I also knew that Soufan already hadbeen targeted this way several years earlier when his name first became public.I told the producer that Soufan's career and mine had overlapped on manyoccasions, and although we had never to my knowledge met, in many instances Iknew first-hand that Soufan's description of events and policies were accurate.
Soufan was an FBI special agent for eight years, arare native Arabic speaker in a professional FBI culture that was shaped byformer Marines, often Irish Catholic and working class, and which hadtraditionally viewed counter-intelligence and counter-terrorism work as secondtier specializations. CIA culture, too, although white collar rather than blue,viewed these specializations as adjuncts to the "real" work of espionage, whichwas to steal secrets and recruit spies from our historic enemies in the SovietUnion, North Korea, or Iran. It wouldprove an ironic twist that the Bush Administration also viewed terroristthreats as small-bore issues. Until 9/11,that is, after which the Bush Administration subjected us all to eight years oflarge-bore, misguided, and muscular obsessions. But, Soufan, the FBI officerswho had worked the first World Trade Center bombing case, and especially hisoriginal mentor, the head of the FBI's New York office, John O'Neill (killed onSeptember 11, 2001, at the base of the World Trade Center towers,) had long understoodthe seriousness of the jihadist threat from the mid-1990s-as had the ClintonAdministration and many in the CIA. Soufan quickly found himself playing a keyrole in the FBI's counterterrorism efforts, and spent a frantic decade tryingto piece together enough information to stop the Muslim terrorists trying tokill us.
TheBlack Banners at first seems to lose the reader inan endless series of incomprehensible names, unrelated dates, places, andcases. But what emerges from Soufan's welter ofdetails and minor episodes is his answer to one of the critical questions abouthow the U.S. should protect itself from terrorism.
Should counterterrorism work be approached as acriminal matter, or as a war which considers terrorists neither enemycombatants nor criminals? The issue, ofcourse, became instantly politicized after 9/11, as the Bush Administrationturned U.S. counterterrorism efforts into the "War on Terror," in so doingjustifying the jettisoning of habeascorpus, the utility of U.S. civilian courts for terrorism cases, and varioushistoric constraints on what American intelligence, military, and lawenforcement officials could do. Soufan's involvement in investigating most ofthe major al-Qaeda attacks and plots that have afflicted us, from the "BlindSheik" of the first World Trade Center bombing in 1993, to al-Qaeda's attackagainst the U.S.S. Cole in Yemen, tothe long struggle to find Osama bin Laden, makes clear that painstakingcriminal and intelligence work-classic FBI investigations, relying on andshaped by the legal requirements of U.S. law-led to the perpetrators in waysthat made prosecution possible and, even more importantly, identified terroristorganizations, individual terrorists, and their plans and intentions.
Even as a sense of reassurance grows with eachharried, scrambling response Soufan and his colleagues make to new threats andincomprehensible bits of information our anger grows, too, as we become awareof a second critical theme of The BlackBanners. Certainly before 9/11, andeven after the reforms of the 9/11 Commission to the intelligence andcounterterrorism communities, the FBI and CIA were afflicted by bureaucraticinfighting, pettiness, and parochialism, while political leaders exploitedterrorist threats to serve political objectives not always related to thethreats themselves. Soufan relates what many in the intelligence communityexperienced: "Prior to the Iraq war,when there was a lot of pressure on the FBI from the White House to produce a"link" between Saddam Hussein and al-Qaeda, the 9/11 Team's assessment, againand again, was that there was no link. The White House didn't like that answer, and told the bureau to lookinto it more and ‘come up with one.'" These vices may well have kept us fromstopping the 9/11 attacks and from far more quickly destroying al-Qaeda than wehave.
We share Soufan's repeated frustration with whatthe FBI and CIA called "the Wall." Neither agency shared information fully with the other, out of acombination of bureaucratic rivalry, mutual disdain, and honest belief thatlegal constraints forbid the sharing of information. I lived this self-harmmyself in the years prior to 9/11 with some of Soufan's New York FBIcolleagues, as one of them told me he would not share information I neededbecause I was a CIA officer, and he could not "compromise the source." I evenresponded, "but we are on the same team!" And so, our counterterrorist operation fizzled.
It is important that one bear first-hand witnessto our failings, as Soufan does. We shouldsit on the bathroom floor and cry with him after the 9/11 attacks, inheartbreak and anger, believing that we could have stopped the attacks and hadbeen done in by our own failings. "I threw up....my whole body was shaking....I wasstill trying to process the fact that the information I had requested aboutmajor al-Qaeda operatives, information the CIA had claimed they knew nothingabout, had been in the agency's hands since January 2000..." And what can one feel but the astonishment andcontempt Soufan relates when he was told in June 2001 that the Bushadministration had decided for political reasons to misrepresent the factsabout the Cole investigation, and toclaim the attack had not been the work of al-Qaeda and was, in any event,"stale." "Maybe to them," Soufan writes in understated anger, "but not to us,not to the victims and their families, and certainly not to bin Laden andal-Qaeda." Less than three months later the administration's Cold Warriorswould no longer be able to decide that the president could not "risk[political] capital going after al-Qaeda in Afghanistan."
The third theme of The Black Banners is the most disturbing, poignant and effectivesection of the book: Soufan's growingdisgust at how the interrogation methods developed and imposed on theintelligence community by the Bush Administration undermine our principles,break our laws, and do not work-indeed, how they actually hinder ourintelligence work. Soufan and hiscolleagues in the FBI had been successfully interrogating terrorists for yearsbefore the sudden introduction of "enhanced interrogation techniques"-"torture"is the word a layman would use. We seeconvincing, devastating proof in his detailed descriptions of how, in caseafter case (e.g., Jamal Al-Fadl, Abu Jandal, Abu Zubaydah, Khaled bin Rasheedand on and on) he and his colleagues successfully interrogated al-Qaeda membersby "establish[ing] rapport" with them, by talking about religion, or family, bysharing a taste for sweets, or by laughing with them, if necessary, rather thanby intimidating and physically abusing a detainee. He describes his and his colleagues'consternation when confronted with the snake oil salesmen who peddled andimposed "enhanced interrogation techniques"-a pseudo-expert the CIA brought into oversee interrogations, whom Soufan gives the appropriately menacing andfoolish sobriquet "Boris"-who had never conducted an interrogation, knewnothing about terrorism, and who knew nothing about intelligence work. "Why is this necessary" Soufan asked whenfirst confronted with such measures as sensory deprivation, overload, orhumiliation, "given that Abu Zubydah is cooperating?" As "Boris" tinkered with ever-increasinglyharsh, and ever-ineffective, ways to break detainees, Soufan and his colleaguestried to oppose them, but as was the case with everyone involved in theinterrogation program (myself included,) failed. Soufan and the FBI formally ceased anyinvolvement in the case. "I can nolonger remain here. Either I leave orI'll arrest [Boris]." It is tellingthat, to my knowledge, four individuals with first-hand experience ininterrogations during the "War on Terror," have spoken out about enhancedinterrogation methods: two Air Forceofficers (Steve Kleinman and another officer writing under the pseudonymMatthew Alexander), an FBI officer (Soufan), and a CIA officer (myself). All ofus, independently, make the same points: interrogation must be based on rapport; enhanced interrogation methodsare ineffective, counterproductive, immoral, illegal, and unnecessary, and theyhad nothing to do with obtaining much, if any, information not otherwiseobtainable. It is only apologists forthe Bush Administration, or Bush Administration policymakers themselves, whoassert that "enhanced interrogation techniques" are legal, or work. Soufan is devastating about thesemethods: "The person or persons runningthe program were not sane....the interrogation was stepping over the line fromborderline torture. Way over the line.""In FBI headquarters, the situation was clear....What Boris was doing wasun-American and ineffective."
The book on occasion manifests a characteristictypical of many memoirs: if only they had listened to me, well, we would havedone everything right. The damning factsin Soufan's book, though, are powerful. Yes, the FBI and CIA did so much right, but got so much wrong. The Bush Administration was purblind andarrogant, from dismissing terrorism at first, to down-playing the Cole case for political reasons, toinstituting ineffective, and illegal "enhanced interrogation" techniques. Well, I was there, too. Soufan's and my workoverlapped-we served with the same people, in the same places, dealt with thesame "Wall" imposed by the same people in the CIA and the FBI. We worked with remarkable men and women, whogave their souls to stopping the terrorist threats facing the UnitedStates. We reacted precisely the same ways to the same challenges, in almost literallythe same words, to what we experienced about terrorist threats, enhancedinterrogation and bureaucratic infighting. Soufan knows exactly what he is talking about, and does us all a serviceby having set it down in The Black Banner.
Glenn L. Carle is a former Deputy National Intelligence Officer for Transnational Threats, and spent 23 years in the Clandestine Servicesof the Central Intelligence Agency. He is also the author of TheInterrogator: An Education.
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Countries that have experienced decades of conflict and political turmoil, and have historically featured persistent executive-judicial disputes tend to have less judicial autonomy. Afghanistan epitomizes this. The country has not only lacked comprehensive, integrated laws for much of its history, but what laws existed were culturally dictated and enforced, and in most cases, still are.
As an Afghan, articles about the emergence of the rule of law in the West make me think about the intersection of culture and law in Afghanistan and its challenges. Even before its formal establishment as a nation, the United States began to create common law by using centuries-old written precedents from Great Britain, and applying American notions of reason and justice. Since there is little written tradition in Afghanistan, it does not have such a heritage, nor common law texts, as a starting point. Its starting point is a religious text, the Quran, written in Arabic, a language understood by only a small number of Afghans, the oral history of past decisions, and "felt necessities of the time," as Justice Oliver Wendell Holmes, Jr. characterized one aspect of the development of the common law in the United States.
The Afghan idea of a justice system is also defined by Pashtunwali, a social code of conduct and way of life that predates the Anglo-Saxon common law. Pashtunwali defines the fundamentals of the Afghan culture, identity and, above all, personal honor. What distinguishes the practice of Pashtunwali is its emphasis on using influential local and tribal leaders (Maliks, Khans and mullahs), or respected outsiders chosen arbitrarily by the conflicting parties, to act as fact-finders and decision-makers. Furthermore, decisions must be seen as arbitrary and impartial, not compelled by any of the players in the conflict. This is one of the key reasons people in rural Afghanistan have historically opted to use customary shuras (councils) and jirgas (assemblies) as the primary decision-making forums in which to resolve their disputes. Over the course of Afghan history, the ideals of Pashtunwali have driven and influenced local decisions and rulings, primarily in rural Afghanistan, though the ethos of the system may be seen in all Pashtuns. The few attempts by the central legal authorities to supplant this indigenous centuries-long system of beliefs have been, and may continue to be, largely unsuccessful.
Laws in the United States made by federal, state and local representatives are designed to supersede and override the common law, while in the absence of a statute (or the Constitution), the common law prevails. Although broad policy objectives are not well mapped by use of the common law, it is a filler of necessity and provides an indispensable resource for judicial decisions in the absence of legislative guidance. By contrast, Afghans are usually handed oral, extemporized rulings influenced heavily by village elders, local and tribal leaders, Khans and mullahs, through the long-practiced shura and jirga system. Shuras and jirgas are said to be more efficient, accessible, cost-effective, less corrupt and more trusted by the Afghans than the formal state justice institutions. But these rulings often occur without reference to - mostly because of a lack of knowledge of, indifference to or defiance of - the Afghan Constitution, statutory laws or any other written records. Instead, these leaders rely on their understanding of the Quran, oral histories of past decisions known to them and to their people, Pashtunwali, and their "felt necessity."
Thus, there is no cohesive thread connecting these oral decisions across villages and tribes to any common national public policy objectives. Afghans who have experienced both the formal and non-formal justice systems find the latter more in line and in compliance with local norms, customs and traditions, including the promotion and encouragement of consensus and avoiding a culture of impunity. Ignorance of and disregard for the country's written law , as well as prevalent corruption, mean that people have little confidence in the laws and low expectations of justice brought through the formal court system. A report released last year by the United Nations Office of Drugs and Crime (UNODC) notes that in 2009 alone, Afghans paid an estimated $2.5 billion in bribes, equivalent to 23 percent of Afghanistan's GDP, and that judicial officials topped the list of those who received the bribes. By contrast, judges in the United States use a more consistent process and look to the written precedents in common and statutory law, as well as publications of scholars and retired judges when they do not have written precedents in their own jurisdiction to guide them. This reduces the incidence of corruption, since wide departures from these precedents would bring critical attention to anomalous decisions.
So what happens in Afghanistan? The disparate sense of "felt necessity," guided by various interpretations of a religious text many cannot read and many misunderstand - together with flawed oral histories of past judgments - drive local decisions, creating a confusing and conflicting hodgepodge of rulings devoid of broad public policy considerations. A key point to note here is that a lack of nationally accepted laws permits subversive elements such as the Taliban and leaders who may be unaware of the formal justice system or distrust government institutions, to intuit and then adopt the most draconian of these incongruent decisions. These actors then form "public policy" based on their interpretations, and enforce it in the areas that they control with attribution to the Quran and use of brutal penalties for non-compliance.
The solution, it seems, would be for Afghan scholars and those with legal education and background in Afghanistan to go to village and tribal leaders across the country and record the background and results of recent their rulings and judgments. These scholars could then tease out common public policy threads from dispute resolutions that were build on factors ranging from the teachings of the Prophet Mohammad to local conditions and "felt necessities." Having distilled the core essence of such decisions, a "Restatement of the Law of Afghanistan" could be written, similar to the one that exists in the United States, which would set out the main principles of a developing Afghan common law. It would have no legal power, but it would provide a starting point of the type the founding fathers of the United States received from Great Britain. Through this mechanism, the future decisions of village and tribal leaders in Afghanistan would be guided but not bound by the past. They would at last be put into writing, further developing coherent and better reasoned guides for Afghanistan's judicial system and a foundation against which ill-conceived and corrupt decisions can be measured and criticized.
It would be these written decisions of village and tribal leaders that would begin the long process of codifying the actual common law of Afghanistan, providing a place to look back for precedent and forward for the common threads of a rule of law.
There are no effective alternative power centers in Afghanistan that could create incentives for the people to take their disputes and disagreements to courts. Indeed, there are only a few courts now in existence and most are distrusted and discredited. However, codifying the actual common law of Afghanistan and applying it in the formal court system could create an incentive for the Afghan people to more formally and habitually refer their disputes and problems to the justice system.
Javid Ahmad, a native of Kabul, is Program Coordinator with the Asia Program of the German Marshall Fund of the United States in Washington DC.
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It was ten years ago this month that Operation Enduring Freedom began in Afghanistan. Now, with the United States preparing to draw down its military forces and other NATO coalition member troops already gone, the focus is shifting to what an exit strategy from that country might look like. And a key component of the security hand-over to Afghan National Security Forces is the establishment of community defense forces, known as the Afghan Local Police (ALP).
The ALP was launched last year by the Afghan government to recruit local units to defend remote, insecure areas of the country against insurgent threats and attacks. Recruits are nominated by a local shura council, then vetted by Afghan intelligence and trained for up to three weeks by U.S. forces. General David Petraeus, the former ISAF Commander in Afghanistan, touts the ALP as successfully thwarting the insurgency.
But this narrative is very different from the one Refugees International discovered on a recent visit to the country. In May, we traveled to Afghanistan to conduct an assessment of the humanitarian situation in the country, in light of the increasing displacement caused by conflict. During the course of our 16-day mission, we conducted over 50 interviews with displaced Afghans, local organizations, UN officials, aid workers, human rights researchers, government officials, security analysts, and journalists in Kabul, Herat, Mazar-e-Sharif, and surrounding areas. To our surprise, the rapid rollout of the ALP program was widely criticized by Afghans and humanitarian actors. Almost every single one of our interviewees highlighted the growth of the ALP and the simultaneous rise of other pro-government militias as their top concern for the security of civilians and stability in the country, particularly in the north.
Many told stories of ALP forces using their newly gained power and guns - furnished by the U.S. - to harass, intimidate, and perpetrate crimes against the very civilians they were recruited, trained, and paid to protect. Some even reported that powerful warlords were pressuring local leaders to formalize pre-existing militias into the ALP - often around tribal, ethnic or political lines - to avenge personal disputes or strengthen their influence.
But despite the fact that some ALP units have been implicated in murder, rape, beatings, arbitrary detention, abductions, forcible land grabs, and illegal raids, U.S. forces are under pressure to quickly help recruit and stand up ALP units - with the goal of adding another 23,000 men to the existing force of 7,000 at sites across the country. In our June report we called on the Obama administration to pressure the Afghan government to halt further expansion of the ALP and address its shortfalls immediately.
Since returning from Afghanistan, we have met with Pentagon officials and congressional offices to raise Refugees International's concerns with the ALP initiative. By and large, the reaction from the Hill and Administration officials has been reserved, if not partial to the positive news coming out of the Congressional visits to "model" ALP sites and bi-annual Pentagon reports. Also, for many, it seems that the underlying assumption is that if the ALP program is halted, U.S. troops might not be able to depart from Afghanistan as rapidly as planned or expected, or that somehow Americans might be asked to spend more on this war.
This is a false choice: without a clear U.S. strategy to address the shortcomings of this program, abusive ALP units will only continue to spread fear, fuel tribal and ethnic tensions, and further destabilize the country. Moreover, left unchecked the ALP will become a catalyst for the insurgency.
Refugees International is calling on the Pentagon to take immediate steps to improve the vetting, training, oversight, and accountability of ALP forces. Furthermore, Congress can and should exercise its oversight responsibility by requiring the Pentagon to outline in detail how the U.S. is supporting the Afghan government's roll-out of the ALP program, as well as the Afghan government's capacity and efforts to effectively oversee and investigate allegations of abuse by ALP units or individuals and hold them accountable.
Similarly, the Afghan government should create an independent panel, including government officials and Afghan civil society representatives such as the Afghan Independent Human Rights Commission (AIHRC), to evaluate the program's recruitment, vetting, oversight, and accountability policies and practices, and provide recommendations to the Government and its implementing partners.
Lynn Yoshikawa and Matt Pennington are advocates for Refugees International, a Washington, D.C.-based organization that seeks to end refugee crises and receives no government or UN funding. In May, Lynn and Matt traveled to Kabul, as well as Herat, Mazar-e-Sharif, and surrounding areas to assess the needs of internally displaced people in Afghanistan.
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Last year, Qasim, a construction worker from eastern Afghanistan, was detained in a joint US-Afghan raid on his home in Kabul. He eventually ended up in the hands of the National Directorate of Security (NDS), the Afghan intelligence agency. For over a week, Qasim was hung by his arms, taken down only to go the bathroom and pray. Several times a night he was beaten with pipes and electrical cables, his head bashed into walls, and threatened with much worse. After a week and a half, he could no longer walk, not even to bring himself to the bathroom. My organization, Open Society Foundations, and its Afghan partners have interviewed many other Afghans who, like Qasim, have suffered acts of torture at the hands of the NDS, ranging from beatings, and burns, to electric shock, and sexual abuse.
In a ground-breaking report released yesterday by the United Nations Assistance Mission in Afghanistan (UNAMA), the true scope and severity of such abuse is made clear. The UN found evidence of torture and mistreatment in 16 Afghan detention facilities, including electric shocks, hanging detainees from ceilings, beatings, and threat of sexual assault. As a result of the report, the Afghan government dismissed several NDS officials implicated in the report, though it unclear whether there will be any criminal prosecutions. The International Security Assistance Force (ISAF) has temporarily halted the transfer of ISAF detainees to the 16 facilities.
ISAF's halting of transfers to facilities identified in the UN report is an important first step. The Afghan government's initial response was certainly less positive, but will hopefully improve following now that the report has been publicly released. Looking forward, however, there is real concern that the ISAF and Afghan government responses will prove rather superficial, and ultimately fail to fully grapple with the depths of the problem.
One area that the Afghan government and ISAF should prioritize is accountability. Though perhaps politically difficult, accountability for abuses is key, and must be pursued vigorously and publicly. The UN report is an opportunity for the right signals to be sent, both within the Afghan justice system as well as to the Afghan public.
Without sustained efforts on this front, it's likely that even if those Afghan officials who are responsible for abuse are removed, they will only re-emerge elsewhere in the justice system or government. Shuffling the problem around only sows the seeds for future abuse, and reinforces perceptions of impunity that are at the heart of the Afghan government's struggle for legitimacy.
An independent, external body should be empowered to monitor facilities, receive complaints, and investigate allegations of abuse, with findings and remedial actions made public. Full, unfettered access should also be granted to outside monitors, including Afghan Independent Human Rights Commission, ICRC, and UNAMA. Those responsible for abuse should not only be removed from their positions, but also subject to criminal prosecution and civil liability.
The international community can play an important role in ensuring those responsible are truly held to account. Governments should not only apply conventional diplomatic pressure, but should think creatively and ambitiously about how to strengthen accountability. Funding, training, as well as military and intelligence relationships with the Afghan government and security forces should all be utilized to ensure those responsible for abuse are held accountable. The US is prohibited by the Leahy Law from supporting foreign security forces which engage in gross violations of human rights.
The pervasive lack of due process also leaves detainees vulnerable to abuse. Detainees and defense lawyers we have interviewed consistently decry Afghan authorities' denial of legal counsel, in addition to preventing family notification or contact. In some cases we documented, defense lawyers have themselves been arrested or harassed simply for contacting their clients. The Afghan Government should implement measures to ensure detainees' access to legal counsel, and adopt strict rules regarding family notification (just as the Afghan government advocates for in ISAF detentions), while international donors should provide funding to Afghan legal aid organizations to represent conflict-related detainees. Ensuring detainees have their most basic due process rights respected while in detention provides an additional, necessary check on Afghan authorities' power and strengthens transparency and accountability.
For their part, international forces must acknowledge that there are no
quick fixes for detainee abuse in Afghanistan. Detainee monitoring, for
example, is too
often posited as the solution to abuse, although it only focuses on
detainees transferred by international forces, not the wider prison population.
While monitoring is a potentially important part of protecting detainee rights,
international forces must be honest about its practical limitations, and
confront the fact that, in the current context, monitoring alone cannot satisfy
their legal obligations to prevent torture.
Indeed, the fact that the UN has documented abuses despite the existence of various ISAF countries' monitoring mechanisms and oversight by organizations like the Afghan Independent Human Rights Commission (AIHRC) speaks to the insufficiency of such measures. Given the sheer number of facilities and detainees, logistical and security challenges, and detainees' fears of reprisals for disclosing abuse, even the most well-designed monitoring mechanisms may in practice be incapable of ensuring detainees are free from torture.
International forces must also grapple with the problem of torture beyond the narrow issue of transfers, not least because they have been working so closely with the Afghan intelligence authorities, including using intelligence that may very well have been extracted through the use of torture. Appropriate assessment of the risk of torture will also always have to take into account treatment of all detainees at a particular Afghan facility-not just those transferred from international custody. Conceiving of the problem as one of detainee transfer also biases policy solutions towards bureaucratic box checking in order to resume detainee transfers-not actually halting abuse.
To be sure, there are real dilemmas and constraints facing the Afghan government and ISAF. There is a lack of professional capacity at every level of the Afghan justice system, from guards to judges to prosecutors. The sheer number of persons detained in connection with the conflict means the system is under severe strain, burdened further by the military as opposed to law enforcement nature of operations. But the Afghan government and all ISAF nations have strict legal obligations to refrain from and prevent torture, and as the UN report lays bare, they have fallen well short.
The looming troop drawdown and transition only give greater urgency to this issue. With more and more responsibility for security being shifted to Afghans, the strategic risk and political liability posed by abusive detention practices will only grow. Right now the US and other ISAF nations have the most leverage to shape the Afghan justice system and leave behind institutions, laws, and mechanisms that uphold the rule of law and protect Afghans from torture. As the war in Afghanistan marks its tenth anniversary, time is not on the side of either ISAF or the Afghan government. The UN report marks a perhaps singular opportunity to marshal momentum behind detention reforms that will be long-lasting and effective at protecting the most basic of human rights.
Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan.SHAH MARAI/AFP/Getty Images

Day in court
Raymond Davis, the CIA contractor who shot and killed two Pakistanis in Lahore in late January, has just been released by Pakistani authorities after the families of the victims agreed to accept compensation from him (BBC, Reuters, AP, AFP, ET). A lawyer for the family said they were "forcibly taken" to the jail and "made to sign papers" pardoning him (ET, Reuters). Davis has flown to London, according to some reports. Earlier today, a judge in Lahore had formally charged Davis with two counts of murder (AJE, Reuters, Dawn, ET).
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Afghan President Hamid Karzai, everyone's favorite punching bag in Afghanistan, has decided provincial reconstruction teams -- PRTs -- are, in fact, bad for his country. "The Afghans want to have a government of their own. The Afghans don't want a government from abroad," Karzai told reporters in Kabul. "The transition means giving the whole thing to Afghan ownership and leadership. Naturally then the PRTs will have no place."
This didn't used to be controversial. When the first PRT was created in early 2003, it was actually called a provincial transition team because the idea was to transition control of an area from U.S. to Afghan control as capacity was built. Of course, that first PRT, in Gardez, Paktia, only had one civilian on it who was supposed to monitor all the reconstruction and governance activity in three provinces. Soon, the PRT program got a new name -- reconstruction this time, not transition -- and by 2007 there were 25 PRTs across the country.
Evaluations of PRT performance have been mixed at best. One researcher at the George C. Marshall European Center for Security Studies found in 2008 that PRTs "lead to counter-productive results such as the strengthening of local Power Brokers and the weakening of the government in Kabul." This is because coalition forces "again and again form an alliance with local militias and supply them with weapons and money."
Spencer Platt/Getty Images.

Islamabad -- The recent execution by stoning of a man and woman accused of adultery in Kunduz, Afghanistan is a startling reminder of the brutal system of justice administered by the Taliban. A slew of other such harrowing images over the years has helped create an important narrative of the Taliban's callous disregard for human rights and archaic legal norms.
A parallel, and equally significant, storyline has been that of the Taliban providing a speedy and effective system of justice appreciated for its ability to settle important commercial and civil disputes. A recent report by Chatham House argues that Afghanistan's lack of emphasis on ensuring access to justice to its citizens has been exploited by the Taliban, the memory of whose "harsh, but just" rule has garnered many supporters.
This position is not new. Over the years, studies and reports have repeatedly pointed towards the Taliban's expeditious brand of justice as one reason for their continued success in Afghanistan. Despite general agreement on this, improving the rule of law and ensuring access to justice have too often been sidelined by both local government and international donors, deemed desirable but ultimately secondary to the more important and immediate aim of providing security and countering militancy.
This situation has strong parallels with that in Pakistan's Federally Administered Tribal Areas (FATA), where local Taliban fighters and other militants have capitalized on the perceived lack of justice (including false imprisonments, costly and lengthy court cases, and inefficient or corrupt legal systems) to win the support of the local populace.
SHAH MARAI/AFP/Getty Images

The assassination of Salmaan Taseer, the governor of Pakistan's Punjab province on January 4, may have shocked many, but calls for his death had been coming for the past few months -- and went unchecked.
If responsibility has to be laid at anyone's door, it is at that of religious parties -- who campaigned vociferously against Taseer for his support of a woman convicted and sentenced to death under Pakistan's blasphemy law -- and of the ruling PPP-led government for not putting those inciting to murder him behind bars.
RIZWAN TABASSUM/AFP/Getty Images
By Nicholas Schmidle
About a year ago, while sitting at my home in Washington, DC, I found myself with a sort of delayed-stress longing for the Taliban. The desire stemmed from an overseas dispute, a business deal gone bad. Back in January 2008, I’d been forced into a hasty transaction—shortly after five policemen knocked at my front door in Islamabad and announced their intent to kick me and my wife out of Pakistan. We had an hour to leave. Fortunately, through some well-connected friends, we managed to get 48 hours to pack our apartment into boxes, find a good home for our kitten, Cricket, and sell the four-cylinder Pajero Mini SUV that we had used to scoot around Islamabad for the past year.
That’s where the problem began; we didn’t actually sell the car. There was never an exchange of money. But we had reason to believe that the Pajero’s new owner, Bilal, would keep his word and pay for the vehicle. After all, Bilal’s father owned the house in which we had rented a three-room apartment for the previous two years. Moreover, Bilal worked for an international telecom company, so we knew he had a steady paycheck. And the deal cincher was that just a year earlier we had bought that very Pajero Mini from Bilal himself.
But collecting on an outstanding debt from halfway around the world isn’t easy. Phone calls went unanswered or ignored. Five months after being expelled from Pakistan, I asked a fellow journalist in Islamabad to intervene. He was the third or fourth person I’d enlisted for the job. Why didn’t we just call the police? The police are courageous and have suffered greatly in recent years from terrorist attacks, but when you see them thumbing for rides to work, you also get the impression that they lack the capacity to get certain things done. My friend, on the other hand, had moonlighted as a used car salesman and boasted of having repossessed a car or two. He seemed ideally suited to the task. But after weeks of chasing Bilal around town, he still hadn’t recovered the debt (or the car).
It was at this point that I pondered calling on some Talibs to get the job done.
To read the rest of this story, visit the World Affairs Journal, where this was originally published.
Nicholas Schmidle is the author of To Live or to Perish Forever: Two Tumultuous Years in Pakistan and a fellow at the New America Foundation.
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