Taliban’s “Criminal Principles” Document draws criticism from legal experts

KABUL: The Taliban recently published a document titled “Criminal Principles of Afghan Courts,” which they state is enforceable upon the signature of their leader. This document has drawn critical reactions from legal scholars and university professors. Malek Satiz, an international relations researcher and university professor, argued that this principle’s document has serious issues regarding public law, judicial justice, and international law, and cannot be recognized as a valid law. According to him, laws should be formulated within a clear and legitimate legal framework, be transparent, uniformly applied for all, non-discriminatory, predictable, and respect human dignity. However, these criteria are not upheld in the Taliban’s principles document. The analysis indicates that instead of clarifying court authority, the right to defense, judicial independence, and the process for handling appeals, the document paves the way for arbitrary decision-making. This situation may weaken justice and increase judicial arbitrariness. Furthermore, the document categorizes individuals based on their identity, gender, religion, or beliefs, violating the principle of equality before the law. Justice becomes a political and ideological privilege rather than a public right. The researcher warns that the consequences of this approach include undermining the rule of law, diminishing public trust in the courts, and transforming the judiciary into a tool for consolidating power. From the perspective of international law and legal philosophy, the Taliban’s principles are neither law nor a valid document; instead, they serve as a tool to legitimize discrimination and structural violence in Afghanistan.