Legalitas Pergantian Kekuasaan Di Afganistan Melalui Coup D’etat Oleh Taliban Menurut Hukum Internasional

Abstract

Since the US withdrew all its military forces, the Taliban as one of the ultra-conservative factions managed to hold control of all Afghanistan. The dominance of the Taliban's power has peaked since the coup d'etat (coup) of the legitimate government in power under President Ashraf Ghani. The international community condemns the coup act and fears the Taliban leadership will pursue policies that are incompatible with human rights values. For this reason, this study examines the legality of the coup act carried out by the Taliban according to international law. In addition, this study will also analyze how the government under the control of the Taliban can gain recognition from other countries so that it can be used as a modality for establishing international relations. By using normative legal research, this study concludes that to determine the legality of the coup carried out by the Taliban, it is very dependent on the constitutionality of the coup according to Afghan law, their effective control, and their compliance with international law. Although the recognition is still ambiguous in practice, the Afghan government under the Taliban needs it to be actively involved in international relations