Path to peace, justice in Afghanistan

Healing the wounds of the civil war requires both reconciliation and accountability.

from the March 13, 2007 edition

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Read broadly, this provision could mean that amnesty does not really protect any individual from answering for his crimes – so long as a victim is brave enough to bring a claim. But in Afghanistan, where many of those responsible for past crimes retain weapons and power, it is unlikely that a victim would press a claim without active support from the state. And in fact international law requires the Afghan government to investigate and prosecute war crimes.

The best way to ensure that the new bill becomes a force for reconciliation is to implement it within the framework of the Action Plan for Transitional Justice, enacted by Karzai last December. The plan sets up several mechanisms to foster forgiveness and accountability, such as a commission to vet high-level government officials and a program to build national monuments of remembrance for victims. But crucially, the plan states, "[T]here will [not be] amnesty for war crimes, crimes against humanity and other gross human rights violations."

These are momentous decisions for Afghanistan's future in an unstable time. International experience has shown that amnesty has not worked to promote reconciliation where potentially guilty parties have simply tried to evade accountability. The original bill referred to the process of truth and reconciliation in South Africa as a model for Afghanistan, but they drew the wrong lesson. In South Africa, amnesty wasn't for everyone; it was granted only to those who publicly admitted their crimes and asked forgiveness. The threat of prosecution remained for those who did not cooperate.

In Afghanistan, lack of accountability continues to erode support for the government and creates fertile ground for the insurgency. Karzai must seize this opportunity to cement his leadership by transforming a self-serving attempt by warlords to avoid justice into a measure that truly sets a course for reconciliation and peace.

• J Alexander Thier and Scott Worden are advisers on the rule of law at the United States Institute of Peace. Mr. Thier served as legal adviser to Afghanistan's Constitutional and Judicial Reform Commissions from 2002-04. Mr. Worden served as a legal adviser on electoral and human rights issues in Afghanistan from 2005-06.

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