The Elements of Intervention: The Illegal Taliban Government

International law has not set up a solid legal standard that permits intervention in the domestic affairs of another state. Every sovereign state is entitled to non-intervention in its domestic affairs. However, there are circumstances when this right must be suspended. The recent Taliban takeover of Afghanistan is arguably one such example.I propose that two elements must be satisfied to permit a state to intervene in the domestic affairs of another state. Then using the Taliban takeover as an example and applying the two elements, we will determine whether states can intervene in the domestic affairs of Afghanistan. The first element is based on the notions of ‘legitimacy’ as set forth in the Tobar Doctrine. Where the government of a state comes into power by extra-constitutional means within its state and lacks popular support, it would satisfy the first element for intervention. Since the Taliban came into power by extra constitutional means and lacks popular support from the Afghan citizens, it satisfies the first element. The second element is based on the principle of ‘Responsibility to Protect’. Where the purpose of the established government is to violate the human rights of its citizens, the second element permitting intervention is satisfied. The Taliban rule systematically violates human rights of its citizens, therefore it satisfies the second element. Since both elements are satisfied, states are permitted to intervene in the domestic affairs of Afghanistan to remove the Taliban government on behalf of the Afghan citizens.The paper is divided into three parts. Part I will provide a brief background. Provide II will provide and discuss the two elements and apply them to the Taliban takeover in Afghanistan. Part III will conclude the paper.