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The rule of law in Afghanistan has been, generally speaking, fragile. The _[Bonn Agreement|http://www.afghangovernment.com/AfghanAgreementBonn.htm]_ of (2001) began the process, focusing on political institutions and procedures, emphasizing the reform of Afghanistan's justice system by stating that "\[...\] with the assistance of the United Nations, a Judicial Commission \[should be established\] to rebuild the domestic justice system in accordance with Islamic principles, international standards, the rule of law and Afghan legal traditions." (_Agreement on Provisional Agreements in Afghanistan pending the Re-establishment of permanent Government Institutions, Bonn, 5 December 2001, Chapter "II. 2. on "Legal framework and judicial system")_._ Subsequently, the _London Conference on Afghanistan (31 January 2006 \-1 February 2006), the [_Afghanistan Compact_|http://unama.unmissions.org/Portals/UNAMA/Documents/AfghanistanCompact-English.pdf]_ (London Conference on Afghanistan, 31 January \-1 February 2006) followed up on that initiative by signalling an agreement between the Afghan government and the international community. Moreover, basedthe _[Conference on the UnitedRule Nationsof SecurityLaw Council Resolution 1746 (2007) (in Afghanistan|http://www.rolafghanistan.esteri.it/NR/rdonlyres/C555AE7E-E27F-4475-A050-75BD50F2B637/0/RomeConferenceChairsConclusions.pdf]_ in Rome (2-3 July 2007) - based on the United Nations Security Council, _[Resolution 1746|http://www.unhcr.org/refworld/docid/460b8acb1c6.html] (2007) The Situation in Afghanistan_, 23 March 2007, S/RES/1746 (2007), available at: [http://www.unhcr.org/refworld/docid/460b8acb1c6.html|http://www.unhcr.org/refworld/docid/460b8acb1c6.html], p. 4, para. 13) adopted at its 5645th meeting on 23 March 2007, the Government of Afghanistan, the Government of Italy and UNAMA co-hosted the _Conference on the Rule of Law in Afghanistan_ in Rome on 2 July and 3 July 2007, at the _Ministero degli Affari Esteri_ (Ministry of Foreign Affairs), (see [http://www.rolafghanistan.esteri.it/NR/rdonlyres/C555AE7E-E27F-4475-A050-75BD50F2B637/0/RomeConferenceChairsConclusions.pdf|http://www.rolafghanistan.esteri.it/NR/rdonlyres/C555AE7E-E27F-4475-A050-75BD50F2B637/0/RomeConferenceChairsConclusions.pdf]) reaffirmed the crucial importance of judicial and legal reform and the implantation of the rule of law reform for the reconstruction of Afghanistan. (United Nations Development Programme Afghanistan, Project 00060050 (1 July 2008 - 30 September 2008), _Support to Provincial Justice Coordination Mechanism_, p. 3). Accordingly, the legal rule of law discourse and analyses have been centred primarily under the overall scope of Afghanistan's justice system reform. Disquisitions on the rule of law in Afghanistan are therefore rather focusing on efforts dealing with practical issues such as the establishment of procedures and strengthening the judiciary as stipulated e.g. in the <span style="color: black"><em>qānūn-e tashkīlāt va salāhiyāt-e mohākem-e qove-ye qasā-ye jomhūrī-ye eslāmī-ye Afghānestān</em></span>\_.\_ (Law of Organisation and Jurisdiction of Courts of the Islamic Republic of Afghanistan (often also referred to as the Law of the Structure and Competencies of Courts), published in the Official Gazette No. 851, 31 Sawar 1384 (21 May 2005), which repeal<span style="color: black">ed the Law on the Organization and Jurisdiction of the Courts published in the Official Gazette No. 739, dated 11 Hammal 1370 (31 March 1991).)</span> At large, the evaluation of the situation seems to be disheartening (Barnett, p. 1). Some observers state that the rule of law in Afghanistan has not improved since the overthrow of the Taliban in December 2001. Many point out that security and freedom from corruption - key elements in fostering the rule of law - are nowhere near a reality in a country that has been ranked in the second or third lowest percentile for corruption by the World Bank Institute.(see Wardak/ Saba/ Kaza, pp. 37-50; Röder, p. 307 et and co-hosted by the Governments of Afghanistan and Italy and UNAMA - reaffirmed the crucial importance of judicial and legal reform and the implantation of the rule of law reform for the reconstruction of Afghanistan. Finally, in 2008, the United Nations Development Programme Afghanistan arranged the _Support to Provincial Justice Coordination Mechanism_ project.

Accordingly, the legal rule of law discourse and analyses have been centred primarily under the overall scope of Afghanistan's justice system reform. Disquisitions on the rule of law in Afghanistan are therefore rather focusing on efforts dealing with practical issues such as the establishment of procedures and strengthening the judiciary as stipulated e.g. in the qānūn-e tashkīlāt va salāhiyāt-e mohākem-e qove-ye qasā-ye jomhūrī-ye eslāmī-ye Afghānestān. At large, the evaluation of the situation seems to be disheartening (Barnett, p. 1). Some observers state that the rule of law in Afghanistan has not improved since the overthrow of the Taliban in December 2001. Many point out that security and freedom from corruption - key elements in fostering the rule of law - are nowhere near a reality in a country that has been ranked in the second or third lowest percentile for corruption by the World Bank Institute (Wardak/ Saba/ Kaza, pp. 37-50; Roeder, p. 307 et seq.).

I. Rule of Law in Afghanistan's Context

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