A Study on the Challenges Facing Informal Justice in Herat City

Abstract

Many legal issues and criminal cases are resolved through informal justice mechanisms and by local community councils. Although adjudicating such disputes falls within the jurisdiction of formal judicial and legal institutions, a portion of these matters continues to be addressed through conciliatory arbitration and informal adjudication. This approach, which is also practiced in Herat, may offer certain advantages; however, it is not without its challenges. What are these challenges? Raising this question is both important and necessary, considering the widespread application of informal justice across the country. The present study aims to answer the question: What are the challenges of informal justice in the city of Herat? This is a qualitative research conducted using a descriptive-analytical method. The data were collected through a mixed approach, involving library research and in-depth interviews, and were analyzed using thematic analysis. The study was carried out within the geographical scope of Herat city and covered five years (2020–2024). Interviews were conducted with ten individuals who were either members of local community councils or legal experts involved in conflict resolution. The findings of the research indicate that informal justice in Afghanistan faces several challenges, including: the neglect of the principle of proportionality between crime and punishment; the absence of a punitive perspective toward offenders; reinforcement of social inequality; disregard for the defendant's right to legal defense; the broad and unchecked authority of council members; excessive optimism regarding the councils’ capacity; the unpredictability of council decisions and their outcomes; and, ultimately, the potential for confusion and uncertainty among disputing parties.