Soran Khedri
Known to every one what does the Kurds want and what they demand from their oppressors and international community. Self determination, social, cultural, identity, and economic rights, not less and not more than the rest of the people in the planet and on the bases of international law, Kurdish demands are legal and political.
There are several International treaties and conventions which are insisting on the right of self determination, practice of cultural, religious and the right of national identity. For example Universal Declaration of Human Rights, International Convention on Civil and Political Rights, European Convention of Human Rights (Geographically applicable and it should be practiced and applied fully to the Kurds in Turkey, as it is applied in the rest of EU member states), International Convention on Economic, Social and Cultural Rights “Article 1 has been referred to not as “human rights” article but as providing for “collective right of people”, elimination of all kind of racial discrimination against women, however, Kurdish oppressors systematically and intentionally discriminate Kurdish women: For example; Kurdish women in Iran can not have Kurdish names, Kurdish women in Turkey can not speak in their mother language, whereas Turkish women could speak and study their mother language. Convention on the rights of the Child, which is the first international binding instrument: Article of the Convention states that “(1) Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. (2) States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members. Every country ratified this Convention except to countries, Somalia and United States.
Despite that the Kurdish oppressors are signatory members and had ratified the Convention, Kurdish Children still suffer and discriminated by the systems. A Kurdish Child can not have Kurdish name, Kurdish Child can not study in his/her mother language, systematically kept in poverty, deprived from his/her social, political and economic rights which are all incorporated to the Convention.
Because of the nature and content of the rights contained in the Conventions and the Treaties, all the rights are International hierarchical rules classified as “Jus cogens”, “Compelling Law”. Jus cogen as peremptory norms in international law imposes some kind of obligations upon the International community to secure their applications and implementations, “Article 53 of the Vienna Convention on the Law of Treaties”. However, Kurdish nation is deprived from all rights contained in International Treaties and Convention. In addition to that, the oppressors have always applied brutal policies in Kurdish regions under their controls in order to eliminate cultural and physical existence.
However, because of the policies of the oppressors toward the Kurdish movement, Kurds had always and still unwillingly formed armed groups to defend themselves from the oppressors, which is a legitimate right under international law and United Nations Charter. States such as Islamic Republic of Iran, Turkey, Syria and Iraq committed atrocities, genocides, war crimes with the intention to eliminate Kurdish identity: Turkey burn 4000 Kurdish villages banned Kurdish language, identity. Iraq used chemical weapons against Kurds in 1988 resulted to the death of 5000 civilians and burn 2500 Kurdish villages, berried 183,000 Kurdish civilians alive during “Anfal Campaign” . Iran and Syria committed same crimes against Kurds. What the oppressors had done to Kurds and still continued by them is breach of international law and obligations. But who cares about the Kurds. Who should be held accountable for the crimes and atrocities committed against the Kurds by the oppressors, United Nations or other International bodies? If the United Nations do not protect the Kurds who should do so? What is the alternatives? Of course Kurds have no alternatives except to form armed groups to defend themselves and protect their cultural, identity and physical existence. Oppressors impose wars on Kurds and use force against them, although using force against people who are demanding self determination or independency has been prohibited by international law.
Article 2(4) of UN Charter was elaborated as a principle of international law in 1970 Declaration on Principles of International law; in one of its paragraphs it states that “States [Must] not use force to deprive peoples of their rights to self determination and [independence]”. However, despite that that the states must refrain from using force against the people, oppressors of Kurds always and still using force against the Kurdish movement and Kurdish people. The question we should ask is; if the States breach their duties and use force against Kurds, what should Kurds do?
Although Kurdish issue could be classified as international legal and political issue and it is an obligation of international community, particularly five permanent members of Security Council on the basis of international law, international community continuously breached their obligations and betrayed Kurds in several occasions.
As explained States by virtue of international law are obliged to refrain from using force against the people whom are seeking self determination or independence.
Military confrontation is not something that Kurds willing to pursue, rather it is imposed upon them by the oppressors of Kurds, and United Nation has been reluctant in performance of its general scheme, which is to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of peace. Have UN performed its obligations toward Kurdish issue. Why UN and EU interfered in Darfur but reluctant about Kurdish issue. The entire question shall be answered by UN, EU and international community as whole.
Although, UN, EU and international community are too reluctant to perform their duties, they designate Kurdish movement in order to delegitimize Kurdish struggle and justify their oppression on the bases of “War against Terror”. Why a Kurdish organization should be listed as terrorist when it is attempting to gain rights, which are legal under international law. Do terrorism posses legal characters or it is political tool used by definers to protect their national interest.
In subsequent Article I will discuss in more details the Kurdish legal rights in international law, and the right of self defence and terrorism terminology.