Denial of rights and self-determination, the case of the kurds of Iraq

Abstract

This thesis seeks to prove that the Kurds of Iraq possess the legitimate right to independent statehood. Investigating the theory of self-determination illuminates the relationship between those who struggle for recognition of their rights as a separate entity and those who reject the idea, who envision the state as being impermeable. The moral arguments examined focus on this relationship; Brilmayer is concerned with the historical relationship of territory; Buchanan is more focused on the relationship between the state and the minority group.

Self-determination is an important ethical principle. Although valuing liberty and self-determination, the liberal tradition generally does not accept the right of self-determination for minority groups. Self-determination, an accepted principle in international law, defined in Articles 1(2) and Article 55 of the United Nations Charter, is generally overlooked as a viable option for national groups.

The objective of this thesis is to examine the right of self-determination as it applies to the Kurds controlled by the Iraqi state. I will argue that the Kurds in Iraq are an oppressed group; that they have a strong moral case for secession from the Iraqi state; and that this quest for self-determination also receives support from fundamental principles of international law.