The Durand Line
The Durand Line: International borders mark the limits of state sovereignty. They show how far a state’s authority extends over land, people, and resources. Defined boundaries promote peace and stability. Rejecting an established border challenges another state’s sovereignty and independence. The UN Charter forbids any use of force against a state’s territorial integrity or political freedom.
Historical Agreement
During peace talks in Doha, Pakistan and the Afghan Taliban discussed a ceasefire. Qatar’s foreign ministry stated that the truce would reduce tensions along the Pakistan–Afghanistan border. Afghanistan objected to the word “border,” so Qatar removed it from the statement. This action shows Afghanistan’s continued refusal to recognize the Durand Line as the dividing line between the two states.
Afghanistan’s opposition to the Durand Line began in the 1950s. Kabul claims that the 1893 Durand Line Agreement was signed under pressure. This claim holds little validity, as later Afghan governments reaffirmed the agreement through the treaties of 1919, 1921, and 1930 without any recorded objection.
International Recognition
International law requires each state to honour its treaties and obligations. The Vienna Convention on the Law of Treaties (1969) codifies this principle. Afghanistan contends that the Convention does not apply retroactively. However, it merely reaffirmed long-standing customary law. Thus, the Durand Line Agreement remains valid under established international legal norms.
After gaining independence in 1947, Pakistan inherited the frontiers demarcated under British administration, including the Durand Line. The Vienna Convention on the Succession of States (1978) reinforces this continuity by requiring successor states to retain existing borders. The doctrine of uti possidetis juris also mandates that newly independent states preserve colonial-era boundaries. The Supreme Court of Pakistan upheld this legal interpretation in its 1969 judgment.
The United Nations recognised Pakistan’s boundaries upon its admission as a member state. Both the United Kingdom and the United States accepted the Durand Line as the official frontier. The United States reaffirmed this stance in 2012. Likewise, UN Security Council Resolution 1267 (1999) and the 1988 Geneva Accords treated the Durand Line as a lawful and internationally recognised boundary.
Practical Border
Afghanistan’s administrative conduct demonstrates de facto acceptance of the Durand Line. The boundary is used in trade regulation, customs control, and visa issuance. The assertion that the agreement expired in 1993 is unfounded; unlike the Hong Kong lease, the Durand Line Agreement contains no temporal limitation.
Afghan nationals possess an unrestricted right to cross the boundary and that Pakistan cannot erect a border fence has no legal basis. Pakistan is entitled to secure its frontier, just as the United States established fencing along its boundary with Mexico. Limited cross-border movement applies only to tribal populations residing on both sides.
Durand Line Reality
Existing trade and customs frameworks demonstrate that both sides administer the Durand Line as a functioning international boundary. Given the absence of legal merit in Afghanistan’s objections, the international community has not endorsed the claim that the Durand Line fails to constitute a recognized international border.
Published in Dawn, 24th October 2025
