Identifying the Legitimacy of the Taliban Government and the Resurrection of Peace in Afghanistan

Abstract

A government’s legality and its recognition need to be tested through the lenses of international law where the government changes through unconstitutional measures. The Taliban’s coming to power in Afghanistan is through unconstitutional and undemocratic means. Its control over Afghanistan raises questions about the fundamental nature of international law, politics, the State’s internal governance, and issues crucial for international peace.  These matters although of primary concern, however,  compromised to a secondary position as their accomplishment is contingent on peace being restored and guaranteed by the class of people in the ruling hierarchy. Since the Taliban government is not recognised by many States, it puts to test, the international law criteria for recognizing the government of the State. The reluctance shown by the comity of nations in recognizing the government, further raises the related issue of international law, that how the comity of nations can create an inroad for human rights and peace in Afghanistan. The objective to establish peace in Afghanistan, by identifying the legitimacy of the Taliban regime, touches the core aspect of de jure government as recognized by international law and is also a key concern for setting the trust of Afghan people in international law and international institutions. This article sets the premise to know the position of international law, for recognising a government in a State where the change of government is not established by legal measures and therefore not recognised by other nations. Besides, the author attempts to explore the possibilities of setting the foundation and establishing human rights and related objectives for sustainable peace in Afghanistan. The author sets the dialectical discourse, for setting a roadmap to achieve peace in Afghanistan by applying international law provisions through international institutions.