Author
Ekşi, Nuray
Publication Date
2022
Publication Place
-
Istanbul University
Subject
Taliban, Recognition of States, Recognition of Governments, Effective control, De jure recognition, De facto recognition, Explicit recognition, Implied recognition, Estrada Doctrine, Legitimacy Doctrine, Tobar Doctrine, Stimson Doctrine, Geostrategic recognition, Non-constitutional regime changes, Agreement to Bring Peace to Afghanistan
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2651-5377
Record ID
acf26bf4-f4df-4862-9037-bc86fce0346e
Library Location
Law
Date
2022
Sample Text
In international law, recognition of the state and recognition of the government are different issues. The government established in accordance with the constitution of a state does not need to be recognized by other states. However, the government that came to power through unusual means, that is, against the constitution and the law, must be recognized by other states. Although Afghanistan maintains its existence as a state, it faces the problem of whether the entities that have seized power in violation of the Afghan constitution will be recognized as governments by other states. Only Pakistan, the United Arab Emirates and Saudi Arabia recognized the Taliban, which took over power illegally between 1996 and 2001, as a government. After the USA entered Afghanistan under the pretext of the operation launched against Osama bin Laden and Al-Qaeda members, whom it held responsible for the Twin Towers attack, the Taliban abandoned the administration and had to flee to the mountains. Although the presence of the USA and its allies in Afghanistan continued for twenty years, the Taliban has become stronger again. On February 29, 2020, the Agreement Bringing Peace to Afghanistan was signed between the United States of America and the Islamic Emirate of Afghanistan, known as the Taliban. Following the bilateral agreement between the USA and the Taliban, the USA announced that it would withdraw from Afghanistan on November 17, 2020. On April 14, 2021, US President Biden decided to completely withdraw from Afghanistan. With the Taliban taking over Kabul without conflict, the Government of the Islamic Republic of Afghanistan fell on August 15, 2021. With the fall of the Government of the Islamic Republic of Afghanistan, the actual administration fell into the hands of the Taliban. In our study, we will first give information about the Taliban from past to present. Then, the types of recognition in terms of international law and the differences between the recognition of states and the recognition of governments will be discussed. Later, the issue of whether the Taliban will be recognized as the government will be examined.
DOI
10.26650/ppil.2022.42.1.1030645
Cilt
42
