1st Edition
Towards an Independent Kurdistan: Self-Determination in International Law
Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood.
The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish self-determination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.
List of Maps
Foreword
List of Abbreviations
Acknowledgements
1. Introduction
2. Self-Determination in International Law
3. What Is a ‘People’ in International Law?
4. Kurdistan: The Historical Background of Kurdish Self-Determination
5. Are the Kurds a ‘People’?
6. The Right to Internal Self-Determination
7. Secession: Implications for Kurdistan
8. Kurdistan Statehood
9. Conclusion: Decolonising Kurdish Self-Determination
Appendix
Index
Biography
Loqman Radpey, holding a PhD in International Law from the University of Edinburgh, is an independent researcher based in Scotland. Over the course of the past decade, his primary focus has been the thorough exploration and analysis of facets pertaining to the legal status of the Kurdistan question. His pursuits have delved into the nuanced application of international law concerning the right to self-determination of the Kurdish nation.
'Even without reading every word, it's clear that this is a very impressive work of legal scholarship. The central conclusion is well-established: "The Kurdish situation exemplifies the weaknesses of the legal principle of self-determination," and it's crystal clear that human rights, even mass atrocities such as those the Kurds have suffered, scarcely enter into the policies of the great powers.'
Professor Noam Chomsky, University of Arizona
"Towards an Independent Kurdistan is timely. Whatever the considerations that keep states from embracing the Kurdish nationalist cause, the reality on the ground sets precedents and forces reconsideration. The discussion of self-determination could as easily create a framework for Somaliland, Artsakh, or East Turkestan. The examination of what categorizes a people is especially illuminating. Additionally, the discourse on the issue in Iran is likely prescient as Kurdish discord will boil to the surface as succession to Supreme Leader Ali Khamenei looms. This book would be a valuable addition to the personal collection of diplomats or journalists working on Kurdish issues."
Michael Rubin, Director of Policy Analysis at the Middle East Forum and Senior Fellow at the American Enterprise Institute, Middle East Quarterly, Spring 2024
