Reconciling the right to self determination and the prohibition on the use of force in a decolonised world

Abstract

Secessionist movements are an irrepressible feature of the contemporary world scene, and are unlikely to abate. These movements seek legal justification in the doctrine of self determination and States seek to repress it under the guise of territorial integrity. The lack of clarity, in this regard, has been created mainly by the inconsistent and derogative international practice regarding the already fragile legal fundaments of self-determination. Thus, while the right of self determination is viewed as the foundation of other human rights, it, in reality, has become a source of persistent and prolonged warfare. newlineIn light of the ever-increasing violence in these conflicts, the researcher observed a need to reappraise the self determination and its relationship with other norms of international law. The research sought to explore the scope and content of the right of self determination, and the standing of secession under international law, and determine how the international community would respond to secession in the future. Concomitantly, the researcher sought to understand the interplay between the right and the prohibition on the use of force in secessionist conflicts. newline newline