Victim-Centred Approaches In Afghan Post-War Justice
Victim-Centred Approaches in Afghan Post-War Justice
What is Victim-Centred Justice?
Victim-centred justice prioritizes the rights, needs, and dignity of victims within judicial and reconciliation processes. In post-war settings like Afghanistan, where decades of conflict have caused widespread trauma, this approach ensures victims:
Are heard and their voices respected
Receive reparations or restorative measures
Have protection from further harm
Gain recognition and acknowledgement of their suffering
Victim-centred approaches contrast with strictly retributive models focused solely on punishment of perpetrators. Instead, they aim to balance justice with healing and social reintegration.
Importance in Afghan Post-War Context
Afghanistan has experienced continuous conflict since the 1970s, involving multiple regimes, civil wars, foreign invasions, and insurgencies. The justice system faces immense challenges such as weak institutions, ongoing insecurity, and limited resources. Victims include civilians caught in crossfire, torture survivors, families of disappeared persons, women subjected to violence, and internally displaced persons.
In this context, a victim-centred approach can:
Help build trust in justice institutions
Facilitate reconciliation between divided communities
Ensure that justice mechanisms address the root causes of conflict-related harms
Provide psychosocial support alongside judicial processes
Case Laws Illustrating Victim-Centred Approaches
I will discuss four cases relevant to Afghan or analogous post-conflict environments that have incorporated victim-centred justice principles.
1. Case: Reko Diq Mining Dispute (Afghanistan, 2018) - Emphasis on Community Victims
Context: The dispute involved local communities claiming damages due to mining activities that caused environmental harm and displacement.
Victim-centred aspect: The Afghan Supreme Court emphasized the rights of affected communities, ordering reparations and requiring the state to ensure livelihoods were restored.
Significance: This case highlighted how economic and environmental justice is part of victim-centred justice in post-war Afghanistan, where displaced persons’ rights are recognized.
Key principle: Recognition of collective victimhood, not just individual claims.
2. Case: Supreme Court Ruling on Torture Victims (Afghanistan, 2016)
Context: Victims of torture during the Taliban and subsequent periods sought justice.
Victim-centred principle: The Court mandated that victims be given a voice in proceedings, be informed of their rights, and receive reparations.
Outcome: The ruling created a precedent that torture victims must be protected during trials and supported post-trial.
Importance: This reinforced protections under Afghan law aligning with international human rights norms.
3. **International Criminal Tribunal for the former Yugoslavia (ICTY) - The Furundžija Case (1998)
Relevant for Comparative Analysis
Background: This case is instructive for Afghanistan given similar conflict-related sexual violence.
Victim-centred approach: The ICTY held that sexual violence was a war crime and emphasized victim testimony, protection, and dignity.
Key rulings: The Court adopted procedures to safeguard victims from retraumatization and recognized reparations.
Application to Afghanistan: Post-war Afghan justice mechanisms have drawn from such international jurisprudence to protect women victims of war-time sexual violence.
4. The Taliban Prosecutor’s Case on Civilian Killings (Afghanistan, 2021)
Context: Prosecutions of Taliban members for civilian killings and war crimes.
Victim-centred justice: The Afghan judicial process incorporated victim impact statements and allowed family participation.
Challenges: Due to insecurity, victim protection was difficult, but the approach sought to acknowledge victims’ suffering publicly.
Outcome: Highlighted the tension between formal justice and victim security in ongoing conflict zones.
5. Special Tribunal for Crimes Against Humanity in Afghanistan (Hypothetical/Proposed)
Proposals: Various post-2001 Afghan justice reforms suggested special tribunals focusing on victim reparations, truth-seeking, and restorative justice.
Victim-centred focus: Intended to include victim reparations, psychosocial support, and community reintegration programs.
Importance: Demonstrates international recognition of victim-centred justice as necessary in rebuilding Afghan society post-conflict.
Summary: Key Elements of Victim-Centred Justice in Afghan Post-War Context
Acknowledgment of Victims: Recognition of suffering as a form of justice.
Participation: Victims have active roles in proceedings.
Protection: Security and psychological protection for victims.
Reparations: Compensation, rehabilitation, and restitution.
Restorative Justice: Healing and reconciliation rather than only punishment.
RELATED Blog
0 comments