After the Taliban’s takeover of Afghanistan in August 2021, governments and international institutions froze the country’s central bank assets held abroad, totalling about $10bn. About $7bn of that was held in the US and other countries hold about $2bn.
Western governments have refused to recognise the Taliban as the legitimate government of Afghanistan and the money has remained in limbo. Non-recognition of the Taliban government undermines its ownership of the frozen central bank assets.
US Magistrate Judge Sarah Netburn in Manhattan said on Friday that Da Afghanistan Bank (DAB) – the central bank – was immune from jurisdiction. Allowing the seizures of the bank’s assets would effectively acknowledge the Taliban as the legitimate government of Afghanistan, something only the US president can do, the judge said.
“The Taliban’s victims have fought for years for justice, accountability, and compensation. They are entitled to no less,” judge Netburn wrote.
“But the law limits what compensation the court may authorise, and those limits put the DAB’s assets beyond its authority.”
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