Is it time for an independent state of Kurdistan?
Discuss with reference to international law and diplomacy.
During many decades the majority of Kurdish was under the
control of the Empire of the Ottoman until the world war one which the Empire
of the Ottoman become weak and under the Treaty of Lausanne 1923 turkey lost
their control in many aria and the Ottoman Empire divvied in to many states.
The only race in the Middle East’s that has high population but not having
state and it will difficult for them to have a state soon. These people are
landlocked and squeezed between four countries and does four countries neither
them willing to give up give the Kurdish people independent. In this essay
,firstly I am going to explain about
history Kurdish people and describing international law about stat hood and how
new state emerge and using cases which are emerged from discussion of court of justice and applying the treaties to
“We have jam, but there is no jam. Jam exists, but it does
not exist here. The spirit of jam is with us, but not the incarnation.”1It
is such as a nation which they are existed, but their existence where denied
either intentionally or by mistake .Kurdish people are existed for thousand
years in this region and they were mentioned in many historical event which happened
in during of centuries and the Kurds are remain the Middle East’s and the
largest minority group without state or identity. I am witnessed when I visited
Kurdish region in Iran and turkey and I saw how the
Kurdish people living how they are were under pressure from the central
Governments especially from Iranian and I have many friend they are Iraqi Kurdish
and they explain me and told me their story how the central government of Iraq
were put pressure on them and their family. In 1988 when the Iranian army took
over the City of Halabja from Iraqi army and when Saddam Hussein’s forces was
not able to retake the city; then used a poison gas; and according to the BBC “Thousands
of people are reported to have been killed and many others injured in a poison
gas attack on a Kurdish city in northern Iraq”2
.All people were have been killed was Kurdish and the Iranian army. In 1979
when Khomeini he withdrawn the king of Iran from power and took the power; he
promise to all minority that they were equal under the Islamic republic of Iran.
In 1979, when the Iranian Kurdish declared an independent, Khomeini issued a
fatwa that to eradicate the Kurdish and put to an end of the revolution. “In his fatwa, Khomeini legitimized any and
all crimes for his henchmen so that they don’t hesitate in executing and
bombing the cities and villages of Kurdistan “and I remember that how the
Iranian people supported the, Khomeini fatwa; which there are many people
joined to the army voluntary to the Kurdish area were they living and fight
with them. The BBC reported from the Iranian newspaper that” Iranian newspaper
reports have put the number killed so far at about 600 people”3.
Regardless reality is the amount of people were have been killed more 600
hundred; because they not going to put a report that they killed children or
women. This all above is one percent of discrimination were occurred to the
Iranian Kurdish and this discrimination continued tile present.
Kurdish land or region divided in four parts Iran, turkey,
Iraq and Syria. There are estimated between 25 to 30 million people’s living in
this four countries and the majorities Kurdish which estimated around 15
million living in turkey4.
However, many Kurdish emigrate to different country or different part of does
four countries in during of pressure from central governments of all the four
countries especially Iran, Iraq and Syria.
Syrian Kurdish they were was not allowed to use or speak by their mother
tongue and they were faced routine discriminated, harassment and in 1962 Syrian
Kurdish were stripped of their Syrian citizenship by the Syrian regime.
What is meaning state and what are the elements of
In 1933 the Montevideo Convention on the Rights and Duties
of States have been signed and entered into force 1934.Later more countries signed or some countries where have had reservation made at
the time of signature and in article one of this convention there are rules for
a country to become and independent country which mention as “The state as a
person of international law should possess the following qualifications:(a) a
permanent population;(b) a defined territory;(c) government; and (d) capacity
to enter into relations with the other states.”5New
we looking on each of four elements which created under Montevideo convention.
First, territory there is no a state without an area of land and should be in
anywhere on this planet. The size of the land does not matter, there are
country like China to big or too small like Monaco. There are many problems or disputes
existed today between states about territory and border, but the concept of
state sovereignty is naturally linked to territory and it is the key to statehood.
Second, criteria or element of statehood, is population there is no state
without population, but does not matter the size of population, because the
territory without population it will empty and the population should live on
the territory on a permanent but they can move around. The third element is
government and the government to be able to organise the population and to be
socially organised, governed and represented by authorities. The last criteria
is to be able to communicate with other states and establishment of diplomatic
relations. make relationship with international organisation like united Nation
and other. By having does criteria and all elements a state can claim be
recognize as a state and it is not matter if does not have a government before
claiming to be an state which in some point some countries did not have
government ,like Germany and Somalia .
Beside the main issue of statehood we need to see how many
doe’s criteria elements under Montevideo Convention the Kurdistan have and we need to consider
individually each part of Kurds region, because some area were not existed
before for example the Syria region which been denied by the Syrian regime . Arab Spring is the beginning of new emerge
for the Kurdish of Syria ,that they stand after long time ,they reshape and by
helping the west specially by the United states of America they stand on their
feet and took control of the area which the majority are Kurds. While the
Syrian believes that the Kurds are emigrated from Turkey during Ottoman Empire.
But today this part under support of Unite state of America become an autonomy
and they own army having their flags. The question is does the Syrian Kurds
having the criteria to stablish a country for the Kurds? While them having criteria
the Montevideo Convention require for establishing an independent state for
example ,a permanent population, a defined territory, government and capacity
to enter into relations with the other states.