scholarly journals Right to Self-determination: Iraqi Kurdistan Region and Kosovo as A Case Study

Twejer ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 1033-1074
Author(s):  
Sanh Shareef Qader ◽  

The Iraqi Kurdistan region and Kosovo have their own struggles in exercising their right to self-determination. Both regions became victims as a result of trying to achieve independence. However, Kosovo's independence was successful, while the Kurdistan region's attempt for independence was not. It must be assumed that there must be reasons for the failure of independence in the Iraqi Kurdistan region, as well as Kosovo's successful independence. The international community's interests, in both cases, have to be explored as well. In other words, what are the reasons for the failure of the Kurdistan region's independence and the success of Kosovo independence? Further, this paper aims at defining self-determination and then providing a historical review of the Iraqi Kurdistan region, Kosovo's struggle for achieving the right to self-determination, and also a precise analysis of both cases. The methodology used in this paper is pure library research; focusing mainly on secondary sources. This paper legally recommends that the KRG must try to negotiate with the Iraqi federal government following a bilateral agreement under the supervision of international mediation whereby the Kurdistan region can have the right to secede when a constitutional violation is taken place by the federal government. Kurdistan region must review its relations with all international actors, which play a main role in the Middle East and make a lobby group by including separatists groups and other Kurds who live abroad to gather support for its independence in the future. Keywords: Self-Determination, Kurdish Autonomy, Iraqi Kurdistan Region, Kosovo and Serbia, International Community.

Author(s):  
Abbas Fadhel Atwan

The recent developments in the region, especially Iraq and Syria, represented a historic opportunity for the Kurds, which made them an important player with international support and paved the way for partition and federalism. There is no dispute that the referendum is consistent with general principles such as the right of peoples to self-determination, Others with the Iraqi constitution and mechanisms of independence recognized, but it strengthens the position of the region in negotiations with Baghdad, has raised the date of a referendum on the independence of the Kurdistan region on 25 September 2017 And the political situation in Iraq and Turkey after the referendum of the Kurdistan region, As a result of the failure of each of them to agree to reject the results of the referendum secession of the Kurdistan region and the intensification of sanctions on the region, but also strengthened military and security cooperation between their countries after months of tension between them.


Significance Long-time Kurdistan Democratic Party (KDP) leader Masoud Barzani and new Patriotic Union of Kurdistan (PUK) chief Bafel Talabani discussed how to form a common front over government formation in Baghdad. The Kurdistan Region of Iraq (KRI) is benefitting from temporary stability linked to higher oil prices. Impacts Kurdish hesitation on whether to commit to a Sadrist-led majority federal government will also simultaneously hold back Sunni groups. Both Turkey and Iran could become more militaristic in their approach to the KRI -- and each other. The intra-PUK deadlock could lead to fighting in Suleimaniya, but mediation is more likely, if senior party figures step up.


2021 ◽  
Vol 1 (1) ◽  
pp. 11-19
Author(s):  
Saya H. Ahmad ◽  
Lawen A. Karim ◽  
Binay O. Rahim ◽  
Ashkan Azad

Architects throughout the time being experienced many roles in different times, while there have always been unclear what architects underwent and practised was their actual duty. This research tries to find proper answers about architects' duties, roles, and struggles in the Iraqi Kurdistan region. For this reason, questionnaires were applied to ask both the architects and administrative managers in Sulaimani governorate/department of building construction. We find out that the main role of an architect in the Sulaimani governorate is mainly designing projects. However, they are involved in managerial roles as project supervisors destined by the governorate and also another role of the architect is checking the drawings of the projects designed outside of this administration office. Another finding was that the architects in the Sulaimani governorate or Iraqi Kurdistan region generally face the problem that their works are done by other specialists, which sometimes cause some domain faults in the works and do not have enough or proper area to work in.


1993 ◽  
Vol 11 (1) ◽  
pp. 41-62 ◽  
Author(s):  
Payam Akhavan

The repression of the Kurdish people of Iraq is nothing new. It is part of the decades-long policy of Arab colonial domination and denial of their right to self-determination by the international community. After the Iraqi military advance into Kurdistan, the intensification of the savage repression resulted in a disturbing increase in the exodus of Kurdish refugees. Suddely, the repression of Kurds by the Iraqi military was transformed from an ‘essentially internal affair’ to a situation which threatened ‘international peace and security’ and thus the legal basis for United Nations Security Council intervention was provided. Akhavan examines this international action against the repression in Iraqi Kurdistan. Humanitarian intervention against genocide, the concept of genocide and the right to self-determination and assistance are subsequently discussed.


2020 ◽  
pp. 1-17
Author(s):  
Vicia Sacharissa

A person's right to their own body is one of the human rights protected under the right to self-determination,1 and this protection also applies to patients seeking treatments. The process of giving information by the doctor, which is then followed with the consent to medical action by patient, is known as informed consent. In Indonesia, the protection of such right is contained in various laws and regulations. This is a descriptive legal research, with normative-judicial or library research method and qualitative data analysis. The discussion covers topics regarding therapeutic transaction as a form of agreement, the presence of informed consent in therapeutic transactions, and the consequence of the absence of informed consent from the perspective of civil law. It is also supplemented with case decision study on Case Decision No. 3203 K/Pdt/2017 which proves that the lack of informed consent is a legitimate ground for a lawsuit.


2021 ◽  
pp. 328-342
Author(s):  
E. G. Vartanyan

The period of the struggle of South (Iraqi) Kurdistan for self-determination, namely such events as its transformation into the center of the Kurdish national movement in the Middle East and the proclamation of the Kurdish Autonomous Region (KAR) in 1974 is considered. The creation of a legal precedent, which has acquired an international character, is commented on. The recognition by the Iraqi government of the right of the Kurds to territorial autonomy is assessed as an undoubted success of the national movement of the Kurdish minority. It is noted that the development of the draft of Interim Constitution was preceded by a long discussion between Shiite Arabs, Sunni Arabs and Kurds on the future administrative structure of the country. It is shown that the Baathist regime was not going to solve the Kurdish problem in the country on a truly democratic basis, but only created the appearance of a solution to the issue in order to remove internal and international tensions. The author dwells on the repressive measures of the government of Saddam Hussein against the Kurds. The mass character of repressive measures during the Iranian-Iraqi war of 1980—1988 is emphasized.


Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.


1969 ◽  
Vol 7 (2) ◽  
pp. 61
Author(s):  
Salim Ashar

Character is a complicated issue, even considered an abstract problem. It is said to be abstract because the concept of manners is not yet operational. While good and bad standards for morals are in the objective view of God the Creator of man. If the character is ethics, it is very dangerous, because some of its value will be contrary to the moral lessons that exist in religious subjects. When both are taught (ethics and morals) then the threat is the students will later experience what is called a split personality, that is split personality. Students become confused because there are conflicting values, such as good values ​​in the sense of morals and good value in manners (call: ethics). There is no honest terminology of Arabic versions, honest English versions, false witnesses of Arabic and French versions, as there is no terminology about Arab or Turkish morality. This applies to humans when there is a pattern of intersection between ethical values ​​and customs: ethical values ​​derive from the "right" way (revelation), whereas customs are derived from the habits The purpose of this study are: 1) Describing whether or not the addition manners in the lessons of Islamic Religious Education. 2) Describe the material (content) in the lesson of Islamic Education and the intersection of Budi Pekerti based on traditional perspectives. This study uses "Library Research". The research data used is secondary data. Data collection techniques used are documentation. Data processing is done by conducting the activity of review, verification and reduction, grouping and systematization, and interpretation or interpretation so that a phenomenon has social, academic, and scientific value. From the results of the discussion concluded: 1) Based on the perspective of Islam, the lessons of Islamic Religious Education need not be added with the character, because in fact holistic education includes in the Islamic Religious Education. 2) The content of Islamic Religious Education should include aspects of Islam, ie Aqidah, Shari'ah and Akhlak which are taught in a balanced way, but the lesson of character can be combined as long as the adat is the custom of the Muslims.


2019 ◽  
Vol 7 (2) ◽  
pp. 161-188
Author(s):  
Samme Dick

This article examines the emergence of Zoroastrianism in the Kurdistan Region of Iraq since 2015 as a new religion inspired by Kurdish nationalism, feminism, ecologism and humanism. The author argues that the emergence of Zoroastrianism at this particular time is due to a combination of the rise of the Islamic State in Iraq and the Levant in 2014, legislative change and the importance some Kurdish nationalists historically attached to Zoroastrianism as the suggested original religion of the Kurds. The article outlines the historical context of Zoroastrianism in Kurdistan, and then explores the origins, beliefs and organisational structure of Kurdish Zoroastrianism. Also discussed are the legislative changes enabling the rise of the movement since 2015. This study draws on interviews with Kurdish Zoroastrian leaders as well as with representatives from the World Zoroastrian Organization, the Kurdistan Regional Government’s Ministry of Endowments and Religious Affairs and the Alliance of Iraqi Minorities.ABSTRACT IN KURMANJIJi nû ve pêxistina agir: Baweriya Zerduştî li Kurdistana IraqêEv gotar, li ser peydabûna Zerduştiyê li Herêma Kurdistanê ya Iraqê hûr dibe, ku ji 2015an vir ve wek dînekî nû yê ji netewegeriya kurd, femînîzm, ekolojîzm û humanîzmê îlham wergirtî tê dîtin. Nivîskar îddia dike ku peydabûna Zerduştiyê ya bi taybetî wê demê ji ber hejmareke sedeman e: di 2014an de peydabûn û xurtbûna Dewleta Îslamî li Iraqê û Levantê, guherîna qanûnî û girîngiya nêrîna hin netewegerên kurd ku ji aliyê dîrokî Zerduştiyê wek dînê resen ê kurdan dibînin. Gotar, çarçoveya dîrokî ya Zerduştiyê li Kurdistanê bi kurtî rave dike û paşê li kok, bawerî û avahiya rêxistinî ya Zerduştiya kurdî dikole. Ji hêleke din, nîqaş dike ku guherînên hiqûqî ji 2015an vir ve rê li ber xurtbûna tevgerê vekiriye. Ev xebat xwe dispêre hevpeyvînên bi rêberên Zerduştiyên kurd re ligel hin şandeyên ji Rêxistina Zerduştiyan a Cîhanê, Wezareta Bexş û Karên Dînî ya Hikumeta Herêma Kurdistanê û Hevpeymaniya Kêmîneyên Iraqê.ABSTRACT IN SORANIGeşandinewey agireke: Zerdeştêtî le Kurdistanî ÊraqdaEm babete timaşay rewşî  wediyarkewtinî Zerdeştêtî dekat le Kurdistanî Êraqda, le sall 2010da wek ayînêkî nwê debînrêt ke le netewegerîy kurdî, fêmênîzm, jîngeparêzî û mirovparêzî îlham werdegirêt. Nûser bangeşey ewe dekat ke derkewtinî Zerdeştêtî lem kateda ke Dewlletî Îslamî Da'îş le Şam û Êraq le 2013 ser helldeda û be yasa rêgey pê dedirêt, şitêkî giringe  bo gerranewey kurd bo  ayînî neteweyî xoy wek ewey ke hendêk kurdî neteweperist  basî deken.  Babeteke rîşey mêjûyî Zerdeştêtî le Kurdistan nîşan dedat, herwaş rîşey  bawerr û binaẍey damezrawey Zerdeştêtî dedate ber roşnayî. Dîsan guftugoy gorranî yasa lew bareyewe bote hoyî derkewtinî em ayîne le 2015da. Em babete legell serok û bawerrdaranî Zerdeştîy le Kurdistan û damezrawey Zerdeştîyanî cîhanî û legell wezaretî karubarî ayînî le ḧukumetî herêmî Kurdistan û damezrawey kemînekanî Êraqda çawpêkewtinî encam dawe.ABSTRACT IN ZAZAKINewe ra geşkerdişê adirî: Kurdîstanê Îraqî de zerduştîyeNa meqale qayîtê zerduştîye kena ke sey bawerîya newîye serra 2015î ra nat Herêmê Kurdîstanî yê Îraqî de vejîyaye û hetê neteweperwerîya kurdan, femînîzm, dorûverperwerîye û merdimperwerîye ra îlham girewt. Nuştox musneno ke vejîyayîşê zerduştî yê ê demî çend sebeban ra qewimîya: hêzdarbîyayîşê DAÎŞ yê serra 2014î, vurîyayîşê qanûnî û tayê neteweperwerê kurdan ê ke tarîx de giranî daye zerduştîye ser ke aye sey dînê kurdan o eslî pêşnîyaz bikerê. Na meqale xulasaya kontekstê tarîxî yê zerduştîya Kurdîstanî dana û dima esl, bawerî û awanîya rêxistinan yê zerduştîya kurdan ser o cigêrayîş kena. Ser o kî vurîyayîşê qanûnî munaqeşe benê. Nê vurîyayîşî serra 2015î ra nat vejîyayîşê tevger kerd mumkîn. No cigêrayîş roportajanê bi serekanê kurdan ê zerduştîye û bi temsîlkaranê Rêxistina Zerduştîyan a Dinya, Wezaretê Ewqaf û Kar û Barê Dînî yê hukmatê Herêmê Kurdîstanî û Yewîya Eqalîyetanê Îraqî esas gêno


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