Dani Reshef
One of the indications of sovereignty is the formation of a law enforcement and equable judicial system. The reality of different judicial systems implemented differently in various regions or on various groups is a clear signal of the disintegration of the state sovereignty.
The North West of Pakistan - the tribal region of Waziristan, was always ruled by local traditions. Council of Muslim clerics and sheikhs used to solve many of the daily disputes and their verdicts were implemented immediately without any possibility to appeal. The unofficial system, influenced by radical interpretation of Islam and local traditions was and is extremely abusive toward women, extremely intolerant to the slightest rumors of adultery and imposed a harsh segregation between sex and between locals and foreigners.
Those tribal courts gathered irregularly, were formed for specific purposes, the selected judge were assigned and accepted by both sides and there was no specific address to those spontaneous courts.
Recently, the Taliban made a daring move by forming a region wide judicial system in the Mohmand tribal area in North West Pakistan which emphasizes, in one hand, the degree of independency of the Taliban in Pakistan and in the other hand the weakness of the Pakistani regime in confronting the growing threat of the Taliban not only to neighbor Afghanistan but to the sovereignty of Pakistan itself.
The districts have been divided into four judicial zones, each having two judges and a permanent court address and there will be an appeal court, a concept which is new for the local tribesmen. The judges will be nominated by the Taliban and not by both sides of the dispute which also demonstrates the authority of the Taliban over the local tribes.
"there will be a top judge to whom appeals can be made," Dr Asad, a spokesman for the Mohmand Taliban, told the BBC News website.
The top spokesman for the Pakistani Taliban Movement (PTM), Maulvi Omar, has told the BBC Urdu service that permanent Taliban courts were already functioning in Bajaur district just Northern to the Mohmand's region.
The Taliban court system is the most significant indication to the increasing power of the Taliban in both Pakistan and Afghanistan and to the collapse of the Pakistani reconciliation program (See-SWAT-DEAL), with the insurgence pro-Taliban Pashtu tribes in North-West Pakistan, on expense of the stability in neighbor Afghanistan (See-Focused War).
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