"International principles for admitting a new state" was the title of a discussion with Mr. Aram Naby, an expert in International Law .

Aram

 

The idea of establishing a new state could be one of the most challenging issues in the world today. Especially in regard to the establishment of this new state and its separation and independance from another country, which will eventually affects the power and interests of that country.

That is why, the creation of a new state always faces numerious challenges, sometimes it leads to bloody tensions and killings. This might be a topic which is obvious in case of Kurds more than any other nations or areas. In an interview with the university media, Mr. Aram, an expert in International Law and a lecturer in the Faulty of Law, Political Science and Management, he highlighted the aspects of establishing a new state, its measurements and the various characteristics. Starting with the main principles of establishing a new state, Mr. Aram stated "Although from the perspective of the International Law, there are different discussions and views on the establishment and confession of a new state. However, in general, there are some basic principles for the establishment of a new state including, the existence of population, the existence of land along with the existence of a government. The specialist in the International Law pointed out that the quality of population is not a big concern in the process of admitting a state, but residents should have some special qualities in common which separates them from other people such as nationality, language, religion and culture. With regard to the existance of land, the size of the land doesn't impact the establishment of a state too. This is due to the fact that there are some countries with very small mount of land and they have been admitted by the international community as independent states, such as, Monaco, San Marino, Figia, Salvador and Nicaragua. The question here is, although most of the world's nations, which are striving for their own independent state, own those principles, but why this process always face tensions and conflicts?

In response to this question, the expert in the International Law in the Faculty of Law, Political Science and Management said "Although, if these principles were taken into consideration to build and admit a new state previously, but now despite the existence of these principles, international and regional measures have emerged, having an a profound role in admitting the new state. "The United Nations have assured and emphasized on a number of international criteria," said Mr. Aram, in connection with international measurements related to the united nations and the agreements. According to section 4 of the United Nations Charter and the International Court of Justice Resolution issued on May 28, 1948, any independent entity attempting to be a member of the United Nations and be admitted by the international community, these independent states should own such qualities as having their own population, land and government. Further, they should stand for peace, stay away from conflicts and implement peace and diplomacy in solving the problems. In case of using any kind of force, internal or external, the entity will be refused by the international community. Also, the new entity should promise to respect and follow all the sections of the charter of the United Nations. Moreover, the new entity should have good intentions in implementing the agreements and international alliances. As Mr. Aram said, apart from the international measures, there are also a number of regional measures that are related to the interests of countries in the process of establishing the new state with a profound role on the process. With regard to these regional measures and the experience of Europe, Mr. Aram stated "After the collapse of Yugoslavia and the Soviet Union and the outbreak of war and tensions in the area, the European Community issued several critical measures concerned with these newly formed states. For instance, the 1991 European countries' agreement on protecting the rights of minorities, as well as "Badinter agreement" for peaceful discussions in creating and admitting the new states in Eastern Europe, Yugoslavia and the former Soviet Union. For this purpose, they decided on the following important criteria for admitting new states in the region. - Conducting referendums - Having constitution - Respecting human rights and the principles of democracy - Respecting international borders - Protecting international peace, security and not spreading nuclear weapons. As far as Kurdistan Region and the steps for establishing an independant state are concerned, the International Law expert believes that it is very important for the Kurdistan Region to struggle, promote its ability and work on all these criteria mentioned above with the aim of establishing an independent state that is far from external interventions Particularly, a careful attention has to be given to the following aspects: - The implementation of the real authority, eradication of the shortcomings, the creation of cooperation between the parties, and removing doubts about the democratic processes within the society, such as elections. - Further effort has to be made to respect and implement international laws in general. - Conducting referendum with the purpose of building an independent state, which is better to be in agreement with the central government. - Unfortunately, Kurdistan doesn't own a constitution so far. Therefore, it is urgent to have a constitution, which guarantees the protection of human rights in general, the rights of minorities in particular. - The resolution and determination of the border between Kurdistan Region and Iraq. It is particularly important to be supervised by the international arbitrators. Profile: Mr. Aram Nabi Muhammad Wasani, holds a bachelor's degree at Salahaddin University in 2006-2007. He got master's degree in the department of International Politics and Law at Sheffield University in 2014 in England, and now he is a PhD student at Soran University and a lecturer of international law.