A Chronology to the Claims and Right on Self Determination Based on Iraqi Kurdistan's Experience

• المؤلفون الرئيسيون: Qader, Sanh Shareef, Ahmad, Rusniah, Mohd Anuar, Haslinda
• التنسيق: مقال
• اللغة: English
• منشور في: International Journals of Multi Dimensional Research 2019
• الموضوعات: K Law (General)
• الوصول للمادة أونلاين: https://repo.uum.edu.my/id/eprint/31302/1/IRJCL%2006%2001%202019%2001-08.pdf; https://repo.uum.edu.my/id/eprint/31302/; https://ijmr.net.in/

The repression experienced by the Kurds has been prevalent for decades. Partly, it was due to decades-long domination and denial of their right to self-determination generally by the international community and specifically the government of Iraq. The Kurds have been struggling for their rights at the expense of severe repression which led to their increasing exodus as refugees. What started presumably as an internal affair has aggravated to a situation that posed threats for international peace and security. This provided the legal basis for United Nations Security Council to intervene and examine this situation against many aspects of repression namely from the denial of cultural rights to genocide. Also, despite the fact that in 1995, the International Court of Justice documented that self-determination is „one of the essential principles of contemporary international law', it is imperative to examine and understand thoroughly the chronology of events of the struggle before any assumptions are drawn as to why self-determination is still being denied for the Kurds. This paper aims to provide a preliminary overview to understanding the historical chronology before a thorough and in-depth research is undertaken with regards to finding the status and stand of the Iraqi Federal Government on the Kurdistan's independence referendum from both the human rights and the international law and perspectives. The methodology used in this paper is a pure library research focusing mainly on primary and secondary sources. This article attempts to establish the bases for self-determination claims and right from both the perspectives of human rights as well as international law