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Self-determination: There is no principle in international law more fundamental than the right of all peoples to self-determination December 23, 2014

Posted by OromianEconomist in Africa, Amnesty International's Report: Because I Am Oromo, National Self- Determination.
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self determination

 

Self-determination “denotes the legal right of people to decide their own destiny in the international order,”  the Legal Information Institute.

This right was enshrined in international law with its inclusion in the UN Charter in 1945. Article 1 of the Charter states that one of the purposes of the United Nations is: “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.”

In the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, this was made even more explicit: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

For people deprived of equal rights and political participation, self-determination could take many forms: independence, assimilation, sovereign association, or another form they choose for themselves. But no one has a right to self-determination at the expense of someone else.

“It is well known that any attempt to deny a human group its self-determination only intensifies its demand for sovereignty and enhances its collective identity,” writes Shlomo Sand in The Invention of the Jewish People. “This does not, of course, give a particular group that sees itself as a people the right to dispossess another group of its land in order to achieve its self-determination.

Self-determination is not just a utopian ideal. It is a legal right. The contents of the UN Charter and the Covenant on Civil and Political Rights.

There is an name for ruling over people while preventing them from being part of the political process that governs their lives. It’s called colonialism, In international law, it is a crime against humanity.
see more @ https://alethonews.wordpress.com/…/the-persistent-u-s-oppo…/

Self determination (international law)
Self-determination denotes the legal right of people to decide their own destiny in the international order. Self-determination is a core principle of international law, arising from customary international law, but also recognized as a general principle of law, and enshrined in a number of international treaties. For instance, self-determination is protected in the United Nations Charter and the International Covenant on Civil and Political Rights as a right of “all peoples.”

The scope and purpose of the principle of self-determination has evolved significantly in the 20th century. In the early 1900’s, international support grew for the right of all people to self-determination. This led to successful secessionist movements during and after WWI, WWII and laid the groundwork for decolonization in the 1960s.

Contemporary notions of self-determination usually distinguish between “internal” and “external” self-determination, suggesting that “self-determination” exists on a spectrum. Internal self-determination may refer to various political and social rights; by contrast, external self-determination refers to full legal independence/secession for the given ‘people’ from the larger politico-legal state.

See, e.g.:

Independence of Kosovo (from Serbia), advisory proceedings currently pending before the ICJ.
Independence of Abhkazia (from Georgia).
See also:

uti possidetis juris, requiring the maintenance of the territorial status quo to preserve stability, order and traditional legal boundaries (and hence possibly conflicting with principle of self-determination) (Burkina Faso/Mali, ¶¶25-26, pp.16-17 (“At first sight this principle [UPJ] conflicts outright with another one, the right of peoples to self-determination.”)

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