Document Type

Article

Disciplines

International Law

Abstract

After nearly thirty years of warfare and political strife in Afghanistan, the international community, in large part motivated by Washington's sudden call to action in the wake of September 11, 2001, finally took an interest in lending the beleaguered country the military aid needed to expel the Taliban regime and take steps toward stability. Pursuant to the expulsion of the Taliban and the convening of the United Nations Talks on Afghanistan, provisional arrangements for the struggling nation were unveiled after nine days of debate by a council of Afghan leaders in Bonn.' The resulting agreement established a plan to create a new Afghan government by means of a series of stages that would commence with an interim authority to take power that month, and would eventually form a transitional authority to rule until a new Afghan constitution could be laid out and elections could take place. The current legal system, to be adhered to in accordance with the Bonn Agreement until completion of the new, constitution, relies upon Afghanistan's Constitution of 1964 and "existing laws and regulations" for guidance, to be interpreted by a Supreme Court of Afghanistan and other unspecified Afghan courts.

Diversity is a running theme in the Bonn Agreement. Religious and secular interests, the rights of women, respect and recognition of old local custom, international guidance, and many other factors were envisioned during the UN Talks, and will hopefully continue to influence the new Afghanistan. The Afghan justice system will be built with respect to "Islamic principles, international standards, the rule of law and Afghan legal traditions. 3 The question is how this will be accomplished.

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