As 2014, the year of US draw down approaches, the magnitude of violence practically has risen. The consecutive attacks on foreign diplomats and public installation depict either state’s unwillingness to restrict the insurgent away from commercial and residential areas or it has surrendered to militants operating at will. Every time a tragic incident occurs and the unfortunate civilians have to pay the price by serving to be sacrificial cows.
Owing a weak and influentially plagued net of jurisprudence, the militants and insurgents are developing a new reputation: not just as agents of terrorism but as drug lords and agents of criminal activities including kidnapping, people trafficking and smuggling.
It is evident that the insurgents further their evil agendas by exploiting the sacred name of Islam, which seems to be wholly responsible for earning extremists fame for the adherents of this religion. The aforementioned narrative is a true manifestation of the religion of peace and audacious step forward to undermine the extreme cause the insurgents are striving for.
Law must be implemented indiscriminately to ensure order in a state. There is a documented existence of law and with negligible application or it finds prejudicial application. Seeing the worsened state of affairs sometimes one reaches to conclusion that “might is right and haplessness is curse”. In our beloved country, seemingly, the militants and anti-state elements have grown to an extent that they easily evade the loosely held net of law and order and turn triumphant. Afghanistan cannot develop without law and order.
Without a doubt, the Afghan justice sector is dysfunctional and eroded, and considerable effort is needed to strengthen the technical aspects of rebuilding the security and justice sectors. In Afghanistan today, there are several parallel, and often inherently conflicting, perceptions of governance and rule of law. The governance and the religious laws imposed by the Taliban were extreme, brutal and discriminatory, but they were also only one more governance/rule of law structure forcibly imposed by a centralized government in Kabul, or in Kandahar in the case of the Taliban, whose power and legitimacy remained contested.
After years of conflict and several changes of governments, multiple government-centered and customary and community-based systems of governance and law continue to exist in parallel in Afghanistan. The last twelve years of internationally-supported state-building have added to the complexities of rule of law and governance in Afghanistan.
The failure to exclude the leaders of armed militias, many of whom have known records of gross human rights abuses, from government structures and the failure to ensure a comprehensive disarmament process have further weakened good governance and rule of law.
Regulation makes it possible for men to live together peacefully in a community given that the law rules not the nuisance. The government must enforce rules that will make it possible for them to live together without conflict.