Terrorists or Legitimate Insurgents? The Taliban Status Under International Law

Abstract

The term terrorism is not subject to a universally accepted definition. However, it is generally used to describe the use of violence against civilian targets to spread fear and distress and thereby achieve ideological and/or political objectives. Specific acts of terrorism, whether national or international, have been proscribed by respective laws. The Taliban’s return to power in Afghanistan after Kabul’s collapse in August 2021 has raised an important question: are the Taliban different from other terrorist organizations (e.g., al Qaeda, ISIS)? This debate is significant because the groups share ideological similarities and execution practices; and at present, the Taliban face challenges of both intent and capability vis-à-vis ceasing acts of terror and ending ties with other terrorist organizations. This paper argues that the lack of a universally agreed definition of terrorism may not affect the investigation and prosecution of the Taliban’s terrorist offenses. In this regard, this paper critically appraises three factors—accountability, ties with terrorist organizations, and the inclusion of Taliban members’ names in the global sanctions regime. It also demonstrates why the international community is obligated to take both legal and ‘non-legal’ actions against the Taliban to avoid the normalization of terrorism.