ISSN: 2265-6294

The ways of Kurdistan’s separation from Iraq under International Law

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Redar B. Ahmed, Rusniah Ahmad, Yusramizza Binti Md Isa

Abstract

Remedial secession is a new way of solving problems between regions within a sovereign state and it is a way to protect human rights against violations and decentralized authority of minorities under international law. The objective of this study is to investigate the case of the Kurdistan Region that asked for secession from Iraq to an extent to found out the applicability of international law for the legitimacy of secession of the Kurdistan region in the light of the Kosovo case in remedial secession. The study concluded that the Kurdistan region has the right of remedial secession and provides all required conditions for the remedial secession, such as violations of human rights and decentralization the Iraqi central government. This study is significant to clarify the legitimacy of the Kurdistan region's request for secession according to international law. This study contributes to the literature comparing between the Kurdistan Region with Kosovo case in the context of remedial secession.

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