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Afghan rule of law (institutions) still lack(s) efficiency, capacity and nationwide coverage. Outside of the major cities, village councils or tribal elders have for generations played the predominant role in resolving disputes and meting out justice. There are indications that this customary law system of law - which varies in form and substance throughout Afghanistan- has been subverted and manipulated by local wartime and current power-holders, but to what extent and effect has not been closely examined (United States Institute for Peace 2004: 10). Unsurprisingly, Afghan rule of law institutions are often viewed as susceptible to corruption and have perceived limited legitimacy within much of the country (Strand Holm 2007: 1; Bassiouni/Rothenberg 2007: 10). Confidence in the formal justice system is particular low in the South East, West and South West, regions which report the highest level of insecurity (Rennie/Sharma/Sen 2009: 20, and 88, see also fig. 6.3). While genuine rule of law reform within Afghanistanwill require decades of investment, the current tension between expectations of rapid advancement and the delay on the ground has contributed to a sense of frustration among domestic stakeholders. Failing to improve rule of law reform could threaten the nation's reconstruction effort and the possibility of genuine peace and long-term stability.
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