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6 - Human security and the rule of law

Afghanistan's experience

Published online by Cambridge University Press:  01 June 2011

Shahmahmood Miakhel
Affiliation:
US Institute of Peace
Whit Mason
Affiliation:
University of New South Wales, Sydney
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Summary

The United Nations has learned that the rule of law is not a luxury and that justice is not a side issue. We have seen people lose faith in the peace process when they do not feel safe from crime. We have seen that without a credible machinery to enforce the law and resolve disputes, people resorted to violence and illegal means. And we have seen that elections held when the rule of law is too fragile seldom lead to lasting democratic governance … but one size fits all does not work. Local actors must be involved from the start. The aim is to leave behind strong local institutions when we depart.

This statement by former UN Secretary-General Kofi Anan to the UN General Assembly on 25 September 2005 reflects the now widespread understanding that human security and rule of law are interlinked. Around the world, the physical security of human beings is most endangered in situations in which violations of national and international law are most apparent. If the root causes of all conflicts in the world are examined, we would see that most are associated with or are the result of social injustice, violation of law and abuse of power by rulers. Afghanistan exemplifies this nexus between conflict and the abuse of power. The rule of law, by virtually any account, significantly inhibits the abuse of power.

Type
Chapter
Information
The Rule of Law in Afghanistan
Missing in Inaction
, pp. 84 - 96
Publisher: Cambridge University Press
Print publication year: 2011

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References

Dorronsoro, Gilles (2007). ‘Kabul at war (1992–1996): State, ethnicity and social classes’, South Asia Multidisciplinary Academic Journal, http://samaj.revues.org/document212.html (accessed 20 January 2009)
Kolhatkar, Sonali (2001). ‘By any standard, this is a war against Afghans’, www.commondreams.org/views01/1212-01.htm
Miakhel, Shahmahmood (2009). ‘Repeating history: Parallels between mujaheddin tactics and Afghanistan's current insurgency’, in Afghanistan 1979–2009: In the Grip of Conflict. Washington, DC: The Middle East Institute, www.mei.edu/Portals/0/Publications/Afghan%201979-2009.pdfGoogle Scholar
Waldman, Matt (2008). Falling Short: Aid Effectiveness in Afghanistan. ACBAR Advocacy Series, March 2008Google Scholar

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