19/9/17

Νομικός εμπειρογνώμονας Jennifer Breedon: Το Κουρδιστάν έχει εκπληρώσει τις νομικές απαιτήσεις για κρατική υπόσταση από το 1991

Kurdistan has met legal requirements for statehood since 1991: legal expert 

ERBIL, Kurdistan Region (Kurdistan 24) – The Kurdistan Region’s upcoming independence referendum is not only legal but is guaranteed under the Iraqi Constitution and international laws and conventions, according to a legal expert.
Jennifer Breedon, an attorney and international human rights lawyer, has come to the Region to witness the historic vote and provide legal assistance in the Kurds’ quest for independence.
“I have been coming to the Kurdistan Region over the last year. And, as an attorney, I see the importance right now for the referendum to happen for the entire world,” Breedon told Kurdistan 24 during an interview in Erbil.
“Every day we see terrorism, conflict, sectarian violence and that doesn’t happen in the Kurdistan Region,” she added. “The Kurds are helping everyone else.”

In support of Kurdistan’s effort to move toward independence, Breedon discussed the legal aspects of the referendum.

“The Kurdistan Region’s referendum is not only legal under Iraqi domestic law, but also under international laws and conventions,” she said.

Quoting article 121 of the Iraqi Constitution, Breedon argued the latter guarantees the legality of the Kurdistan referendum.

Article 121 of the Iraqi Constitution

Responding to Monday’s Iraqi Supreme Court order to suspend the Sep. 25 vote, Breedon stated the decision was against fundamental Iraqi Constitutional values but also against international laws.

“There is nothing under the Iraqi Constitution and international law that the Iraqi government can legally do to stop the referendum,” she noted.

In fact, Breedon supports the Kurdistan Region’s arguments that the Iraqi government has violated many articles of the Iraqi Constitution.

And, most recently, with the sacking of Kirkuk Governor Najmaldin Karim, Iraq violated the implicit right of all peoples to vote under the universal declaration of human rights.

“It will hurt Iraq’s case with regards to the disputed territories that as soon as their Governor declared their support just to vote in the referendum, which is in line with every international provision, they took him out of office and stripped him of his role,” she explained.

Article 25 of the Universal Declaration of Human Rights

Concerning arguments the sovereignty of Iraq must be preserved, Breedon stated international law provides legal grounding for the referendum to be held.

She reiterated a point which has been trumpeted by Kurdish leaders in the region: self-determination is a right guaranteed to all peoples in the world, including under the International Covenant on Civil and Political Rights (ICCPR).

“You would have to completely forego self-determination principles if you think sovereignty trumps all and that nobody can ever have a claim to land,” she offered as context.
International Covenant on Civil and Political Rights

Breedon expanded on the moral and legal qualities of the referendum. “The UN-backed responsibility to protect, which was the outcome of the 2005 World Summit, states that if a nation-state is manifestly failing to protect their citizens from genocide or crimes against humanity, then the UN and other powers have the right to use any government or diplomatic means necessary to protect victims of genocide.”

In 2016, Yezidis (Ezidis) were recognized by the UN as victims of genocide. “Only the Kurdistan Region has protected Ezidis. Iraq could not and cannot protect them,” Breedon said, recalling that every single month for the past three to four years, there have been major terrorist attacks in Baghdad.

“They are still failing to protect all of their citizens. That means the UN and the Kurdistan Region have every legal right to take government measures to protect the minorities it is currently sheltering,” she added.

Kurdish leaders have repeatedly argued the Region’s partnership with Iraq has only ever guaranteed genocide and injustice.

At a rally on Saturday, Kurdistan Region President Masoud Barzani, whose family like many others in the Region suffered through Baghdad’s atrocities first-hand, reminded the vote is an opportunity to finally turn the page of Kurds’ tragic history in Iraq.

“The time has come to say no to genocide and injustice,” the President said. “We want the next generation of Kurds to live freely.”
The Responsibility to Protect (R2P or RtoP) is a global political commitment which was endorsed by all member states of the United Nations at the 2005 World Summit to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity.

For Breedon, an independent state is a stone’s throw away for the people of the Kurdistan Region.

“Under the Montevideo Convention, which outlines what a statehood means and what a state must have to become an independent nation, the Kurdistan Region has met all the elements since 1991. UN support is the only thing lacking,” she explained.
Article 1 of the Montevideo Convention on the Rights and Duties of States

Breedon argued it was necessary for the Kurdistan Region to separate to protect its citizens, including through economic means.

“Kurdistan has been helping the victims of genocide [and] has more refugee camps helping Christians and minorities than anybody in Iraq. So, getting revenues from oil is absolutely mandatory because it’s going to help the victims of genocide,” she said.

The legal expert highlighted the Region’s contribution to the fight against terrorism, specifically how Peshmerga forces protected the areas it retook from the Islamic State (IS), including Kirkuk, and the people in those regions.

“Kurdistan has helped the victims of genocide and all the minorities in the area who fled to the Kurdistan Region,” she added, and not Baghdad where they remain persecuted.

Regarding threats issued by neighboring countries, Breedon noted that intimidation tactics, such as the threat of not allowing Kurds to leave and cross borders, violated the freedom of movement guaranteed by international laws, quoting the ICCPR and the Economic and Social Convention.

After the referendum is held, what will matter is recognition, Breedon asserted.

“As soon as the US recognizes Kurdistan, all of its allies will be on board. Until the results of the democratic and peaceful referendum come out, Washington will do its best to keep the peace with Baghdad,” she said.

Breedon also noted the “free vote” would be legitimate even without UN observers, which is not required by international law but rather has become customary.

Breedon ended her interview with a message to the American people. “If you want to support Christians and minorities in Iraq, you need to support the Kurds.”

“The Kurdistan Region remains safe for refugees, for Internally Displaced Persons (IDPs), for Christians, Ezidis, Turkmen, Kakais, all of these minorities who have been voluntarily wanting to come to the Region to be safe. This [referendum] is huge, and it needs to happen as soon as possible.”

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