SORAN BARZINJI: ACCORDING TO LAW, THE RESULT OF THE KURDISTAN INDEPENDENCE REFERENDUM IS VALID AND COULD BE THE BASIS AND JUSTIFICATION FOR DECLARING INDEPENDENCE AT ANY APPROPRIATE POLITICAL OPPORTUNITY

Dr Sorann

 

Three years have passed since the Kurdistan Independence Referendum took place. An expert in International Law and the Rights of Nations explains, “ Whenever the referendum is held in the history of the nations which seek independence, the situation of these people has not returned to the time prior to referendum”

. He also explains that, according to the principles of International Law, the result of the independence referendum is still valid, alive and it could be used as a legal basis and justification for declaring the complete independence”. On the third anniversary of the Kurdistan Independence Referendum, the expert in International Law and Nation Rights, Dr. Soran Barzinji explains that the Kurdistan independence referendum on September 25, 2017, was a complete legal process, either by International Law, which has recognized the right of people and nations to decide on their self-determination on the basis of the highest and fundamental rights, or according to the Iraqi constitution, which has announced Kurdistan’s unity with Iraq as optional and the implementation of the constitution (that is not implemented in reality) to guarantee the Iraq's unity. He further clarifies that there is a consensus in the International Law concerning those people and nations being oppressed, discriminated against, crimes against humanity are committed towards them and above all they have tried other solutions. Therefore, independence decision will be the last option having a complete legal validity. With regard to the importance and the impact of the referendum, Dr. Barzinji explains that he has conducted research on all independence cases from 1804 up to now, the shared feature among all the cases is when the referendums are always held, there is a historical separation point. In other words, whenever a referendum is held for independence, situations have not returned to the steps before the referendum, either the direction of the struggle was to confirm the results, or to hold a second referendum and more. Dr. Barzinji further clarifies that the effort for independence is a challenging, long struggle and it doesn’t necessarily happen that independence is immediately achieved after referendum. Here, he brings the example of Kosovo case , which is a very similar case of Kurdistan and says, “After the collapse of socialist republic, particularly former Yugoslavia, people from Kosovo held a referendum for independence on September 26, 1991, in which the majority voted in favor of independence, but they were not given the chance to declare independence. They continued their struggle until February 17, 2008, and the Kosovo parliament marked the votes of the 1991 referendum as the legal basis for independence”. Dr. Soran Barzinji explains further that there are people and nations, for example, Puerto Rico, which held referendum five times in the last 40 years and has not achieved the independence yet. While after holding four referendums, Djibouti eventually declared independence. Scotland was unable to achieve independence in 2014, and is now preparing to hold another referendum for independence in May 2021. According to Dr. Barzinji, "Kurdistan, as it is in a completely unstable region, which is Middle East, and this region is always recognized for unexpected political changes (for example, the competition of Arabic countries to compromise with Israel and establish political relations with it), so at any appropriate opportunity, Kurdistan can validate the results of the referendum and make it the basis for declaring independence. Because the vote and willing of 93% of Kurdistan people is valid, no force, law, or court can dissolve it, unless it is by the will of the Kurdish people in another referendum. Therefore, he gives the evidence of the International Court of Justice (ICJ) in the Eastern Timor case, which has decided that in the matter of nation’s self-determination, there is a dominant power to impose over all, and no law or court can remove and dissolve this right.

 

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