Editor in Chief: Moh. Reza Huwaida Tuesday, October 23rd, 2018

Government must Guarantee Justice

Justice is one of the most essential requirements within a society. It provides stability to the society and it supports in establishing and maintaining legitimacy. Crimes, corruption and many other social evils are directly linked to the unavailability of justice and the societies that have strived to maintain true justice have, in fact, set their nations on the way to a prosperous future. While the countries, which have neglected it, have fallen to the depths of troubles and instability.
At the same time, the people of a country are attached to a country that prioritizes justice and accept the authority of the government that practices it. Finding law and order consistent for every one and treating every one as per merit, gives people confidence in the system and they start belonging to it and ultimately strive to play a positive role within the society. However, if they find that the justice system is biased and favor a certain group of people, they will definitely become neglected and alienated from the system and will, resultantly, follow a path that may be illegal or even unjust.
Afghanistan is also one of the countries that is lacking justice in its system. The people are not treated the way they deserve and the justice has, in fact, become the will of the rich. The ruling class, along with the elite and the authoritative individuals can easily take advantage of the law and order system or totally surpass it; while the poor people have to be treated in the most terrible way.
Moreover, terrorism and terrorists have further debilitated the justice system. Insecurity and clashes have created a situation wherein the powerful can easily escape the law and order. There are many war crimes that go unnoticed or if they are noticed, they are not pursued properly. The national mechanism to control such crimes has not been strengthened, while the international pressure has not resulted in enough action. Therefore, the situation has remained grim.       
Pointing to the same fact, Human Rights Watch (HRW) and the Transitional Justice Coordination Group (TJCG) said in a letter to President Ashraf Ghani that the Afghan government should deliver on promises to cooperate with the International Criminal Court’s (ICC) ongoing analysis of the grave crimes committed in Afghanistan.
Since 2007, the Office of the Prosecutor of the ICC has been observing whether crimes committed in Afghanistan since May 2003 meet the threshold to open a formal investigation. The prosecutor revealed in a report in November 2015 that its long-sought efforts to visit the country to assess national criminal proceedings, key to its analysis, had been frustrated. In late January 2016, however, the second vice president made a statement welcoming an ICC visit to Afghanistan.
The prosecutor’s analysis covers possible war crimes and crimes against humanity committed by members of the Taliban, Afghan government forces, and international forces, including United States forces.
HRW and the TJCG urged key Afghan government officials, including those in the Foreign Affairs and Justice Ministries, as well as the national security advisor and the attorney general, to meet with the ICC’s Office of the Prosecutor. The two nongovernmental organizations also called on the government to ratify the Agreement on the Privileges and Immunities of the Court, an international treaty that provides the ICC with the necessary access and cooperation to carry out its work in the country independently.
Richard Dicker, International Justice Director, said in a statement, “Afghanistan has been a justice-free zone for too long, with victims of grave abuses paying the highest price… As an ICC member, the Afghan government should make good on its obligations to cooperate with the ICC and show its commitment to the rule of law.”
Afghanistan is passing through a very crucial juncture in its history. It has to make sure that it survives through it. And, for that to happen, it must guard justice. Definitely, the support and assistance of the international organizations can be helpful and the country needs to cooperate with them in that regard. However, the pursuit of justice by the government itself is also very much crucial. There should be efforts on the national level to strengthen the institutions that may guard justice, promote it and protect it. Without national efforts for strengthening Afghanistan itself to fight against injustice and establish strong and independent law and order system, it would be very difficult to imagine that the country would be able to fight the prevailing injustice successfully.  

Afghan government needs to understand that no state in the world can maintain its integrity and order if it does not possess and guard justice. Justice is the requirement to maintain law and order and reduce crimes from a society. If a state fails to establish strong institutions that can practice and provide justice, it is bound to be filled with instability and corruption.