The Kurdish Question And International Law

Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historico-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish selfdetermination in international law. Shedding light on the law’s structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations for territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks, as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and non-governmental organisation activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere.

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey's EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey's EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.

At the core of the interest are the controversy on the political implementation of violence, the relevance of the international law for the conflict, the regional and foreign relations of the PKK, and the chances and obstacles of a peaceful democratic conflict resolution."--Jacket.

Almost three decades have passed since political violence erupted in Turkey’s south-eastern regions, where the majority of Turkey’s approximately 20 million Kurds live. In 1984, the Kurdistan Workers’ Party (PKK) initiated an insurgency which intensified in the following decades and continues to this day. Kurdish regions in Turkey were under military rule for more than a decade and the conflict has cost the lives of 45,000 people, including soldiers, guerrillas and civilians. The complex issue of the Kurdish Question in Turkey is subject to comprehensive examination in this book. This interdisciplinary edited volume brings together chapters by social theorists, political scientists, social anthropologists, sociologists, legal theorists and ethnomusicologists to provide new perspectives on this internationally significant issue. It elaborates on the complexity of the Kurdish question and examines the subject matter from a number of innovative angles. Considering historical, theoretical and political aspects of the Kurdish question in depth and raising issues that have not been discussed sufficiently in existing literature, this book is an invaluable resource for students and scholars of Nationalism and Conflict, Turkish Politics and Middle Eastern politics more broadly.

The first ever sourcebook on U.S.-Kurdish relations, The Kurdish Question in U.S. Foreign Policy is a unique and timely work. It not only reproduces the full text of over 325 of the most important U.S. government documents dealing with the Kurdish question, but also provides both a guide to U.S. government sources for locating subsequently published materials and an annotated list of over 200 primary and secondary sources. Thorough and instructive, the book serves as an invaluable research tool and published national archive of U.S. government documents on U.S-Kurdish issues. U.S. government information is crucial for any research or reading on American involvement in Kurdish affairs. This sourcebook alleviates some of the problems associated with using U.S. government documents, such as lack of access and difficulty in identifying relevant sources. It educates users on where and how to find relevant U.S. government information on the Kurds as well as other stateless nations. Detailed subject, author, and title indices are also included to allow easy access and identification of key materials. The first ever documentary sourcebook and annotated bibliography on U.S. foreign policy towards the Kurds, The Kurdish Question in U.S. Foreign Policy should appeal to all academic, special, and public libraries, as well as among government and news agencies.

A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.

This work is based on an expert group meeting, 19-20 November, 1999, Virginia.