Importance Of Right To Self Determination
CHAPTER – I: INTRODUCTION
"All peoples have the rights of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
The right to self determination in international law is an important principle. It states that nations have a right to choose their sovereignty and international status with freedom with no external interference or compulsion.
1. RIGHT TO SELF-DETERMINATION AND THE UNITED NATIONS (UN)
The United Nations and National Self determination
National self-determination and the United Nations are modern concepts of political thought in International law. Of the two the first is older and has struck much stronger roots. Its origin can
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State practice has commonly accepted the legal interpretation that the right to self-determination belongs primarily to peoples under colonial or alien rule. The principles applicability to classic colonial cases (e.g., India, Nigeria, Mozambique and Algeria) was largely unquestioned in the post-World War II period and indeed close to a billion people were liberated from colonial rule through its implementation during this period. The controversy arises particularly when applying to peoples other than those in classical colonial situations. Under state practice, the right to self- determination was not entirely limited to classical colonial situations, despite the reluctance of states to apply it beyond that …show more content…
In Vienna, in 1993, the United Nations World Conference on Human Rights affirmed in the final Declaration, adopted unanimously by all states, that the right to self- determination is part of international law and human rights.
4. NATIONAL LIBERATION MOVEMENTS AND USE OF FORCE
As to whether wars of national liberation are international struggles to which international law applies, it is seen that while the Protocols additional to the 1949 Geneva Conventions give some legal force to the practice, particularly of NLMs. of applying the laws of war and adhering to them, the majority of States have been reluctant to undertake obligations in wars of liberation. In addition, there are significant cases where the laws have not been applied.
It is recognised as a right of self-determination of colonised people to use of force and armed attack for national liberation movements subject to international custom of UN Charter in Art. 51. Since use of force in self-defence is a valid exception to international use of force so use of force in national liberation movements like those against colonial masters can fall within this category and thus it is legitimate to use force in national liberation
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