Topsy-Turvy Journey of the Taliban Recognition in International Law: What Next?

Abstract The Taliban’s forceful control of Kabul resulted in severe criticism by the world community and has consequently raised a pertinent question about its recognition in international law. Though a few countries publicly denied recognition to the Taliban government, many countries have (re)-started engaging with it by concluding bilateral treaties and (re)-opening embassies without recognition. Besides, countries have put several “conditions”, such as respect for human rights and a promise to form an “inclusive government”, before they will recognize the Taliban government. This note maps out these “conditions”, along with different proposals states have proposed concerning recognizing the Taliban government. It identifies the possible legal consequences of these “proposals” for the institution of recognition of government in international law. The note finally argues that though a recognition decision is largely political, it should nevertheless be regulated by international law to the extent that it would help avoid adverse international legal consequences.