How international law sees the Taliban regime

The recent visit of Afghanistan's foreign minister, Amir Khan Muttaqi, to India has triggered a debate on whether India should formally recognise Kabul’s Taliban government, once considered synonymous with international terrorism, that came to power in 2021 through a horrific takeover.

- Prabhash Ranjan

Even if the Taliban regime were to escape the jus cogens test, there is arguably a strong argument against recognising it.

(AFP)

India has had minimal diplomatic exchanges with the Taliban government so far and hasn’t recognised the Taliban regime. (Since Muttaqi’s visit, India has reopened its embassy in Kabul). In fact, barring Russia, no other country has de jure or legally recognised the Taliban regime. International relations scholars have begun making a case for India to officially recognise the Taliban government, highlighting the strategic benefits that New Delhi would enjoy if it were to do so.

The realist geopolitical considerations aside, what is the international law on government recognition that should inform India’s actions?

Unlike State recognition, which involves recognising an entity as a State and has clear benchmarks, the issue of government recognition is complex in international law. Once an entity is recognised as a State under international law, the question of government recognition is generally considered immaterial if the new government has been formed through legitimate means, that is, political power has changed hands peacefully.