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42 Colum. J. Transnat'l L. 349 (2003-2004)
Rights, Culture, and Crime: The Role of Rule of Law for the Women of Afghanistan

handle is hein.journals/cjtl42 and id is 357 raw text is: Rights, Culture, and Crime: The Role of Rule of Law for the Women of Afghanistan MARK A. DRUMBL This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the Pashtunwali. The Pashtunwali consists of a blend of custom and practice that emerges from a context of embedded conflict and is filtered through an Islamist lens. The Pashtunwali propounds a restorative approach to human rights abuse in which the abuse is rectified when the family of the abuser transfers money, goods, animals or, preferentially, young girls Assistant Professor and Ethan Allen Faculty Fellow, School of Law, Washington & Lee University. E-mail: drumblm@wlu.edu. Earlier versions of this Article were presented in a number of venues, including the Annual Meeting of the Association for the Study of Law, Culture and the Humanities (University of Pennsylvania Law School, March 8-10, 2002); the Annual Meeting of the International Studies Association (New Orleans, March 23-26, 2002); a panel discussion on the Taliban's 'Other' Crimes at the International Law Association, International Law Weekend (New York City, October 2002); the Conference on International Crimes Against Women (Case Western Reserve University School of Law, October 10, 2003); and a faculty workshop at Washington & Lee University, School of Law. Each of these presentations triggered helpful commentary and feedback for which I remain grateful. Special thanks to Karima Bennoune for thoughtful comments on an earlier draft. I would like to acknowledge the generous support of the Frances Lewis Law Center at the Washington & Lee University School of Law, of its Director Blake Morant, and of Dean David Partlett. Matt Earle provided outstanding research assistance.

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