5. Assuming NATO is forced to play the role of an occupying power again in a future
operation, it will need to address this deficiency [lack of capacity to establish an effective
justice system]. This could include the following:
A deployable paramilitary or military police force capable of surviving in hostile
environments and able to impose law and order in NATO's orbit, which [goes]
back to the need for careful planning.
The capacity to resurrect the existing criminal justice system in the occupied
country.
A willingness to look at sanctions and punishments that do not involve expensive
solutions like courts which require professional legal experts and prison and
rehabilitation facilities, but something more rough and ready that fulfils the
people’s expectations. (Kuhar, p. 47.)
Sources:
This lesson is based on these sources:
“Establishing the Rule of Law in Afghanistan,” by Laurel Miller and Robert
Perito, USIP, 13 March 2004.
“NATO’s Counterterrorism and Counterinsurgency Experience in
Afghanistan,” edited by Kathryn S. Kuhar, Lessons Learned Workshop Report,
NATO Centre of Excellence-Defence Against Terrorism, 1 October 2015.
“Planning Considerations for Military-Political Engagement in Afghanistan,”
by David Mosinski, 18 August 2010.
“Extreme Violence and the Rule of Law: Lessons from Eastern Afghanistan,”
by Rachel Kleinfeld and Harry Bader, Carnegie Endowment Int’l Peace, April 2014.
“The Informal Justice System in Afghanistan,” by Anne-Catherine Claude,
Civil-Military Fusion Centre (CFC), 30 November 2010.
“Police Primacy: The Challenges of Developing Host Nation Police Capacity
on Stability Operations,” by James Wither and Thilo Schroeter, the George C.
Marshall European Center for Security Studies, May 2012.
“Stage-setting and Right-sizing for Stability – Learn the Right Lessons,” by
David Mosinski, 20 July 2018.
“Political Strategy and Peace Settlement Absent from Afghanistan,” by David
Mosinski, 18 February 2011.
Afghan judges, police and correction department
members attend rule of law conference in Jalalabad.
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