Functional Engagement, Sanctions, and Humanitarian Outcomes in Taliban-Run Afghanistan

Abstract

The present paper makes an attempt to undertake critical and in-depth examination. The examination is focus on the legal, political, and humanitarian consequence that have arisen due to international community refusal to grant de jure recognition to the Islamic Emirate of Afghanistan. The refusal is in the context of two dynamic: i) abrupt withdrawal of U.S. forces and ii) subsequent takeover by the Taliban regime in August 2021. In this context, the study now attempts to provide a comprehensive analysis of efficacy of economic sanctions in the post dynamic context. The study further delves in the emergence of ‘function recognition’ as a pragmatic alternative adopted by regional power(s). The third facet of study’s inquiry is the resulting humanitarian paradox that has unfolded with in Afghan territory. The primary focus of the study is on fundamental dissonance between Taliban’s technical satisfaction of statehood criteria under the ‘1933 Montevideo Convention’ coupled with its growing status as a pariah regime. The paradox derives from systematic human right violation, particularly observe women and girls. The pariah-hood is further justified by the regime transnational terrorist links. The study, therefore, attempts to the address a critical question that continues to confront policy makers and international legal scholars alike: “whether the current framework of maximum pressure and comprehensive diplomatic isolation would lead meaningful reform?” or “would it trigger catastrophic and unintended humanitarian crisis?” The study reveals that non-recognition along with punitive measures by international community has contributed to nearly 30% reduction in Afghanistan’s GDP. This has in-fact affected a staggering 95% of Afghan population with food insecurity. The article in this respect proposes a “Humanitarian-First Recognition Framework” (HRF) framework. The study therefore, advocates for a phased benchmark-driven approach to international engagement. It needs to prioritize civilian survival and important state functionalities over total diplomatic isolation imposed on the regime. The study, argues that such an approach would better serve both the Afghan people and the long-term stability of the region.

Keywords: Functional Recognition, Taliban, Sanctions, Humanitarian Crisis, International Law, Afghanistan, De Facto States, Regional Engagement