Judging in a Context of Civil War: The Talaban Courts in Afghanistan (2001-2013)

Since 2001, the Taleban insurgency in Afghanistan is gaining momentum in a context of civil war, characterized by the growing politicization of private conflicts. The author shows that the Taleban have managed to stay unaffected by the resulting social divides thanks to the objectivization of the armed movement through its judiciary institutions. Taleban courts, combining social exteriority, accessibility and coercion have allowed the insurgency to enlarge its social base across ethnic and tribal boundaries. The Taleban case suggests that in a situation of civil war, judging is decisive for an insurgency to establish itself as the political authority.