Symbolic Rule of Law Promotion

This paper introduces the concept of symbolic rule of law promotion, which consists of repeated enactments of policy and initiatives equated with advancing the rule of law despite no evidence suggesting actual progress. To demonstrate its existence, US rule of law promotion in Afghanistan is examined as a “least likely” crucial case, from the end of President Obama’s Surge in 2014 to the Taliban’s return in 2021. During this time, Afghanistan— a major foreign policy priority—received the most US rule of law aid of any country globally. Unlike earlier attempts that sought to use the rule of law policy and practice to achieve substantive goals and adapted over time, US rule of law endeavors from 2015 to 2021 were symbolic. Decision makers consistently pursued rule of law strategies, and practitioners implemented initiatives that lacked any prospect of success. Previously unsuccessful strategies and programming were replicated alongside partnerships with disinterested, uncooperative stakeholders. More broadly, symbolic rule of law promotion has potentially significant implications for understanding the persistence of underperforming long-term rule of law efforts elsewhere. To increase the prospects of success, it shows the need to engage with non state justice authorities, support robust accountability mechanisms, and take concerns about state legitimacy seriously.