The Right of Self-Determination of Kurdish People in Iraq and A Legal View to The Kurdistan Region Referendum in 2017

Abstract

The right of self-determination is a legal concept under international law in which nations can freely determine their political status and freely pursue their economic, social and cultural development without external interferences. They may accomplish such self-determination either through uniting with another independent sovereign state or establishing an independent sovereign state for themselves. This principle is considered one of the international principles, which dates back to the American Revolutionary War (1776-1777) and the French Revolution (1789-1799). It was primarily a political right of nations. However, after the establishment of the United Nations, this principle developed to become a legal principle and attained jus cogens status. In this context, Kurdish nation in Kurdistan Region of Iraq has continuously attempted to obtain this right by relying on international principles, but it was always impeded by a number of factors. Unlike any other nation, so far, the Kurds were unable to exercise this right despite the fact that they chose various methods to obtain it. Finally, a referendum was held on September 9, 2017, as one of the peaceful ways to exercise this right, as it is considered one of the most diplomatic ways to take public opinion on crucial issues, including the issue of independence. However, this referendum was unsuccessful despite the fact that 92,73% of voters voted yes for independence. The failure of this referendum is due to several factors, which we attempt to refer to within the framework of our research.