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91. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

92. Detained and Denied in Afghanistan

Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In August 2010, General David Petraeus, Commander of the NATO International Security Assistance Force (ISAF) in Afghanistan, announced a shift in U.S. strategy. The United States “cannot kill or capture our way to victory,” he warned. Rather, we must earn the trust of the Afghan people.
Topic:
Conflict Resolution, Foreign Policy, Defense Policy, War, and Prisons/Penal Systems
Political Geography:
Afghanistan and Asia

93. Peace and Development Efforts in Afghanistan: A Lost Decade

Author:
Patryk Kugiel
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
When international intervention put an end to the Taliban regime in Afghanistan in late 2001 thousands of Afghans went out to the streets to celebrate a new beginning. After 20 years of bloody civil wars in the country, many had hoped that a new era of stability and prosperity was about to begin. The devastating terrorist attacks in the U.S., which brought the international coalition to Afghanistan, was seen as a guarantee that the West would not abandon the country before it was put back in order. Afghanistan could have been a model of post-conflict reconstruction.
Topic:
Conflict Resolution, NATO, War, Law Enforcement, and Peacekeeping
Political Geography:
Afghanistan and United States

94. India in Afghanistan: Valuable Partner of the West

Author:
Patryk Kugiel
Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
On 4 October 2011, India and Afghanistan signed the Agreement on Strategic Partnership, the first of its kind to be endorsed by President Hamid Karzai's government with any foreign country. This comprehensive deal envisages strengthening cooperation between both partners in four key areas: politics and security; trade and economy; capacity development and education; and social, cultural, civil society and people-to-people relations. It foresees more coordination in regional and international forums, including Afghan support for a permanent seat for India in the reformed UN Security Council; establishes a regular Security Dialogue to coordinate the fight against international terrorism, organized crime, illegal trafficking in narcotics and money laundering; calls for more trade, investments and the promotion of regional economic cooperation. Moreover, the deal stipulates joint efforts to develop the Afghan economy and civil service, improve women's rights and in other areas. The deal is the natural fruit of India's decade-long, low-profile engagement in Afghanistan. During these years, India was extending strong political support and significant development assistance to the Afghans. It has risen to the position of a major trade and investment partner of Afghanistan and an “all-weather” friend.
Topic:
Conflict Resolution, Security, Development, Peace Studies, War, and Bilateral Relations
Political Geography:
Afghanistan, India, and United Nations

95. How Wars End: Why We Always Fight the Last Battle

Author:
James N. Soligan
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
Ongoing engagements in Afghanistan and Iraq have resurrected one of the most important and challenging questions facing political and military leaders in the United States and other nations: how to set objectives, conduct operations, and terminate wars in a manner that achieves intended political outcomes. The collective track record leaves much to be desired, and results of even the most recent conflicts would argue that we have not yet learned the necessary lessons from wars in the 20 th century to prevent making many of the same mistakes and suffering similar consequences in the 21 st century.
Topic:
War
Political Geography:
Afghanistan, United States, and Iraq

96. America's Post-Cold War Policies in the Post-Soviet Expanse

Author:
Vladimir Batyuk
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
The Russian-American Dialogue on regional issues differs greatly from the Soviet-American dialogue of the Cold War era maintained to prevent regional conflicts and their escalation among Moscow's and Washington's ideological allies to avoid a direct armed clash between the great Powers fraught with a nuclear catastrophe.
Topic:
War
Political Geography:
Afghanistan, Russia, and Moscow

97. Women in Afghanistan: A Human Rights Tragedy Ten Years after 9/11

Author:
Hayat Alvi
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women's rights and freedoms in Afghanistan have finally entered the radar screen of the international community's consciousness, they still linger in the margins in many respects.
Topic:
Security, Gender Issues, Human Rights, Human Welfare, War, and Counterinsurgency
Political Geography:
Afghanistan and United States

98. Improving Afghan War Strategy

Author:
Michael E. O'Hanlon
Publication Date:
02-2011
Content Type:
Policy Brief
Institution:
The Brookings Institution
Abstract:
The year 2010 in Afghanistan had some encouraging signs but on balance it was less positive than had been hoped. In 2011, therefore, it is important to do two things: first, look for further improvements in our strategy; and second, develop a backup plan, should the current approach not yield the kind of progress that is necessary and expected.
Topic:
NATO, War, and Counterinsurgency
Political Geography:
Afghanistan, United States, and Asia

99. Afghan High Peace Council Fails to Reflect Afghan Civil Society

Author:
Patricia Gossman
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The Afghan public, along with the international community, appears increasingly supportive of opening negotiations with the Taliban to end the war. The Karzai administration also supports this, as reflected by the June 2010 Peace Jirga held in Kabul and the 70-member High Peace Council that was formed thereafter. In spite of the talks, no one in Washington or Kabul has clarified what reconciliation means in practice, particularly with respect to accountability for abuses that occurred during the rule of the Taliban as well as those that occurred when rival factions fought with each other before the Taliban came to power. On November 10, 2010 representatives from Afghan and international NGOs, as well as the UN, gathered for a one-day Conference on Peace, Reconciliation, and Justice in Kabul to revitalize public discussion on peace and reconciliation among the government of Afghanistan, the international community, and Afghan civil society. The discussions revealed a troubling disconnect between the High Peace Council and Afghan civil society representatives who strongly criticized the Council\'s inclusion of former militia leaders among its members, the lack of transparency in its activities, and the lack of clarity in its objectives. These criticisms indicate that for a peace process to have broad, popular support, the Afghan government and the international community must make greater efforts to engage local leaders in a dialogue and account for the interests of communities and interest groups that are not represented in the High Peace Council.
Topic:
Conflict Resolution, Human Rights, Islam, War, and Insurgency
Political Geography:
Afghanistan

100. How al Qaeda Works

Author:
Leah Farrall
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Al Qaeda is stronger today than when it carried out the 9/11 attacks. Accounts that contend that it is on the decline treat the central al Qaeda organization separately from its subsidiaries and overlook its success in expanding its power and influence through them.
Topic:
War
Political Geography:
Pakistan, Afghanistan, and United States