Redefining Secession in International Law: The Catalan and Kurdistan Region of Iraq Independence Referendums as Case Studies

Abstract
The article critically evaluates the evolution of the legal conceptualization of secession under international law, using the cases of the Catalan independence referendum in 2017 and the Kurdish independence referendum in Iraq. It constructs theoretical frameworks based on definitions and historical contexts of secession and independence. An examination of key international legal instruments and principles governing secession, customary international law is made. This work juxtaposes, through case law and judicial opinions, the respective historical backgrounds and legal bearings of Catalonia and the Kurdistan Region. The differing responses by state governments and, indeed, international actors, underline complex geopolitical overtones attached to both movements. A redefinition of the boundaries set by international law on the issue of secession is eventually set out in this paper within the context of regional and global governance challenges and impacts. \r\nKeywords: Secession, Independence, Territorial Integrity, Catalonia, Kurdistan Region of Iraq, Legal instruments, geopolitical implications.

Author
Hamad Kareem Hamad

DOI
https://doi.org/10.23918/ilic9.63

ISSN
ISBN: 979-8-9890269-3-7

Publish Date: 27-Feb-2025