Transitional justice and human rights in Taliban-controlled Afghanistan

What are the challenges for human rights in Afghanistan, and what prospects may be identified, with the Taliban's return to power? This article analyses the challenges facing human rights in Afghanistan following the collapse of democratic governance in August 2021. In doing so, it asks two secondary questions: how transitional justice principles can be incorporated in cases where transition leads to worse human rights outcomes, and what role can the international community have in leveraging these periods of transition to encourage positive justice developments in non-paradigmatic transitions? Our analysis considers five thematic areas – human security; disproportionate uses of military force; torture; the repression of the media and press; and women’s right under the current Taliban rule. We then discuss the prospects for human rights and transitional justice in Afghanistan, identifying areas where domestic actors and the international community may be able to advocate for greater protection and fulfilment of international human rights norms. This article contributes to the discussion on human rights in Afghanistan and explores the challenges of protecting human rights in conflict and post-conflict settings, and the potential for transitional justice in cases where transitions may lead to worsening democratic outcomes.