Amnesty law passes; what next?

Alex Thier and Scott Worden have a piece in the Christian Science monitor that suggests that Karzai, if he plays his cards right, can "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."

They argue that the outcry the bill spurred--especially from the National Council of Islamic Clerics who say it violates sharia law--is a positive sign; moreover, because of language within the amnesty provision, it "does not really protect any individual from answering for his crimes -- so long as a victim is brave enough to bring a claim." Thier and Worden argue that the best way to proceed is to implement the bill within the context of Karzai's Action Plan for Transitional Justice, which precludes amnesty for "crimes against humanity" (which are also prosecutable under international law.) In sum--and like Barney Rubin last week--they believe there's some lemonade to be wrung from these lemons. Worth a read...

Healing the wounds of the civil war requires both reconciliation and accountability
WASHINGTON (CSM) By J Alexander Thier and Scott Worden

Like every country facing the aftermath of civil war, Afghanistan is struggling to balance the need for peace and stability with demands for justice and accountability...Although President Hamid Karzai successfully negotiated a crucial amendment to protect the rights of victims of war crimes, the new amnesty law still favors the powerful warlords who sponsored the bill.

The amnesty issue arose last month when Afghanistan's parliament passed a hastily drafted "Charter on National Reconciliation" that aimed to provide a "comprehensive solution" for "consolidating peace and stability." These goals are worthy, but healing and unity were not the only motives behind the legislation. The bill was also a self-serving attempt by many of the country's top warlords-cum-politicians to escape prosecution for the horrific catalog of crimes – mass executions, torture, rape – that they perpetrated against other Afghans for nearly three decades.

It's a positive sign for Afghanistan's young democracy that the initial bill provoked an outcry. Despite a rally in the national stadium by the still-armed political leaders behind the measure, civil-society leaders and human rights groups protested that parts of the bill were unconstitutional and against international law. Then the usually conservative National Council of Islamic Clerics declared the bill un-Islamic because only victims have the right to forgive their tormentors under sharia law. Western diplomats also pressed Mr. Karzai to find a solution that promoted stability and respected international law.

After intensive negotiations, Karzai achieved a legislative compromise that acknowledges the sacrifice made by mujahideen fighters against Soviet occupation, while calling for a process that will rebuild trust in Afghanistan's divided society. The legislation invites all groups involved in the past three decades of war to lay down arms and rejoin society. This includes communists, Islamists, and royalists who fought a series of civil wars over the past 25 years, and the Taliban and other forces that are still fighting the government today. An unconstitutional prohibition on criticizing the jihad and its leaders has also been struck from the bill.

The most controversial and confusing aspect of the bill remains its amnesty provisions. On one hand, the revised bill offers general amnesty from prosecution to all former combatants who agree to abide by the Constitution and laws of Afghanistan. However, a crucial clause restricts this reprieve, stating that the amnesty "shall not affect individuals' ... criminal or civil claims against persons with respect to individual crimes."

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.

Comments

[hdgvsfgerf]

Please come toTales Of Pirates gold
Tales Of Pirates money
cheap Tales Of Pirates gold
buy Tales Of Pirates Gold

If you come, we will give you a great surprise!

[cheap Perfect World Gold]

I am so happy to get some Perfect World Gold and the Perfect World Silver is given by my close friend who tells me that the Perfect World money is the basis to enter into the game.
Therefore, I should Buy Perfect World Gold with the spare money.
I gain some pw Gold from other players.
Then I share the cheap Perfect World Gold with my friends.

[lanet]

wow power leveling , mirc and mırc

[Asda Story money]

Yesterday, my boyfriend gave me a lot of Asda Story gold and I buy Asda Story Gold as the gift to return him.

The Asda Story money is attractive and I have plenty of the cheap Asda Story gold.

[Scions Of Fate gold]

Do you know Scions Of Fate gold? I like it.
My brother often go to the internet bar to buy SOF gold and play it.
After school, He likes playing games using these Scions Of Fate money with his friend.
But I do not like to play it. Because I think that it not only costs much money but also spend much time. One day, he give me many cheap SOF goldand play the game with me.
I came to the bar following him and found buy sof goldwas so cheap. After that, I also go to play game with him.

[lynn]

Mobile PCs Dell Inspiron 1300 AC Adapter use a stylus Toshiba PA3467U-1ACA AC Adapter for input on a touch Dell Inspiron 6000 Series keyboard screen using an on-screen Dell Latitude D620 battery keyboard. The Mobile PC Samsung AD-4214L LCD AC Adapter may have capabilities Toshiba PA-1650-01 AC Adapter of handwriting recognition, allowing Dell Inspiron B130 AC Adapter the user to input Toshiba SADP-65KB AC Adapter text using the stylus Dell XPS M140 Series keyboard on the screen and usually offers selection, and drag and drop facility traditionally provided by the mouse using the stylus.Today, you can walk into Laptop parts many brick-and-mortar Laptop Acer AC Adapter electronics and computers retailers Gateway Laptop keyboard and expect to find laptop bargains. Toshiba Laptop keyboard They are just about everywhere. Dell Laptop AC Adapter Prices for bargain laptops have become so low that walking out of a store with one for yourself and Liteon Laptop AC Adapter and one for a friend is even an option. Laptop LCD AC Adapter To save the most money Acer Aspire 1200 AC Adapter when buying a bargain laptop Liteon PA-1131-08 AC Adapter or notebook Gateway PA-1650-01 AC Adapter
Liteon PA-1650-01 AC Adapter
Toshiba Laptop AC Adapter
Toshiba PA3467U-1ACA AC Adapter
Original Gateway PA-1650-01 AC Adapter
Toshiba PA3469U-1ACA AC Adapter
Acer PA-1650-02 AC Adaptercomputer, though, Delta PA-1650-02 AC Adapter going through a major online retailer Liteon PA-1131-08 AC Adapter is the best way to save the most money. Dell Laptop battery that is very important.

[iluxury watches]

Replica A Lange & Sohne
Replica Accutron
Replica Audemars Piguet
Replica Baume & Mercier
Replica Bell & Ross
Replica Breitling-
Replica Bvlgari
Replica Cartier-
Replica Chanel-
Replica Chopard
Replica Christian Bernard
Replica Christian Dior
Replica Citizen
Replica Coach-
Replica Concord
Replica Corum
Replica D&G
Replica DKNY
Replica Ebel
Replica ESQ
Replica Fendi-
Replica Fila
Replica Franck Muller
Replica Girard Perregaux
Replica Givenchy
Replica Gucci--
Replica Guess
Replica Hamilton
Replica Haurex
Replica Invicta
Replica IWC-
Replica Jacob & Co
Replica Jacques Lemans
Replica Jaeger LeCoultre
Replica Levis
Replica Longines
Replica Mont Blanc-
Replica Movado
Replica Omega-
Replica Orient
Replica Oris
Replica Panerai-
Replica Patek Philippe-
Replica Piaget
Replica Rado
Replica Rolex-
Replica Sector
Replica Seiko
Replica Skagen
Replica Swatch
Replica Swiss-
Replica Swiss Army Victorinox
Replica Tag Heuer--
Replica Technomarine
Replica Timberland
Replica Tissot
Replica Ulysse Nardin
Replica Vacheron Constantin
Replica Wenger
Replica Wittnauer
Replica Zenith
Replica Zodiac ecommerce
open source
shop
online shopping
Rolex Sports watches
Rolex Datejusts watches
A Lange & Sohne watches
Aigner watches
Alain Silberstein watches
Audemars Piguet watches
Bell & Ross watches
Breguet watches
Breitling watches
Bvlgari watches
Cartier watches
Chanel watches
Chopard watches
Concord watches
Corum watches
Dior watches
Dolce & Gabbana watches
Ebel watches
Emporio Armani watches
Glashutte watches
Gucci watches
Hermes Watches
IWC watches
Jacob & Co watches
Jaeger LeCoultre watches
Longines watches
Louis Vuitton watches
Mont Blanc watches
Movado watches
Omega watches
Oris watches
Panerai watches
Patek Philippe watches
Philip Stein watches
Porsche Design watches
Rado watches Roger
Roger Dubuis watches
Sarcar watches
Tag Heuer watches
Technomarine watches
Vacheron Constantin watches
Zenith watches ecommerce
open source
shop
online shopping
rolex replica-
rolex replica watches-
best replica watches-
watches-
diamond watches-
replica watches-
rolex watches-
watches online-
timex watches-
ladies watch-
luxury watch-
wrist watches-
casio watches-
watches online-
ladies watch-
men's watch-
wrist watches-
replica watches-
fine watches-
casio watches-
watches online-
replica rolex watches-
rolex watch-

[sunny]

Paul Smith
Paul Smith Sale
cheap paul smith wallets
buy paul smith wallet
paul smith leather wallets
Paul smith men's wallet
paul smith women's wallets
Paul Smith Wallets
Paul Smith Bags
Paul Smith Necktie
Paul Smith Notebook
Paul Smith Belts
Paul Smith Shoes
Paul Smith Trainers
Paul Smith Cufflinks

Paul Smith
Paul Smith Sale
cheap paul smith wallets
buy paul smith wallet
paul smith leather wallets
Paul smith men's wallet
paul smith women's wallets
Paul Smith Wallets
Paul Smith Bags
Paul Smith Necktie
Paul Smith Notebook
Paul Smith Belts
Paul Smith Shoes
Paul Smith Trainers
Paul Smith Cufflinks
Paul Smith">Paul Smith T-shirts
buy paul smith belt
Paul Smith Authentic
paul smith belt
paul smith belts
black leather suit belt
Paul Smith Blonde Naked Lady Belt
trainers uk
trainers shop
trainers reviews
health trainer
trainers sale
new trainers
comfortable Trainer

[Nike air max contest]

Nike air max contest,air max shoes,air max, nike air max shoes , air max shoes , nike max shoes . air max 360,air max 95, air max 90, air max 2009

[links of london]

Links of London
Links of London Jewelry
Links of London Charm
Links of London Necklace
Links of London Bracelets
Links of London Earrings
Links of London Rings
Designer from UK
Diamond
GoldSilver
Links Jewelry
Links Necklace
Links Charm
Links Earrings
Links Rings