ABSTRACT
This chapter assesses the rebuilding of the criminal justice system in Afghanistan from the perspectives of both the state-oriented criminal justice system and the non–state-oriented criminal justice system and presents a synergy of the two systems. It shows that despite the historical fragmentation and the current devastated state of the Afghan criminal justice system, Afghanistan has a rich legal culture that could partly be used as a basis for rebuilding a new post-war criminal justice system. The role of the Afghan central government and its formal institutions of criminal justice in maintaining social order in Afghan society have always been limited. A positive and constructive interaction between the state and local civil society institutions would provide an integrated inter-agency justice system that is effective, accessible and humane. The inter-institutional interaction between the local justice, executive, educational and civil society institutions would provide an important channel of communication between the state and ordinary Afghan citizens.
