Rebel rule of law: Taliban courts in the West and North-west of Afghanistan

RESEARCH PAPER

Ashley Jackson, Florian Weigand

The Taliban have used their courts not only to delegitimise the state and erode state justice provision, but also to disempower and replace customary dispute resolution. Based on dozens of interviews with Taliban and civilians who use the Taliban courts, this paper explores how they work and how they have evolved over time.

The courts undoubtedly helped the Taliban to consolidate control over territory and compel civilians to follow their rules. Understanding this system has implications for the future of justice in Afghanistan as well as the fate of legal norms and rights embodied in the current Afghan constitution.