Right to Self-Determination in International Law: A Leeway to Secession?

Abstract

A look at the field of international politics reveal that many countries are plagued by secessionist agitations by component units of the State such as the case Biafra in Nigeria, Scotland in United Kingdom, Quebec in Canada, Catalonia in Spain etc. These secessionist agitations across the globe have had negative consequences on international peace and security. For instance, the secession of South Sudan from Sudan and Kosovo from Serbia were marred by war and armed conflicts. Similarly, armed conflict arose from the secession of Crimea from Ukraine. The question therefore is whether international law supports the secession of any group within a State without the consent of the parent State. In view of the above, this paper appraised the position of international law on secession and its relationship with the right of peoples to self-determination. The paper concluded that judging from available doctrines of international law and works of scholars and jurists in this area, that international law does not confer on any group within a State the right to secede. This finding is supported principally by the doctrine of sovereignty and territorial integrity of States. The paper also examined the potency of the argument of some secessionist groups that have anchored their claim of a right to secession on the right of peoples to self-determination. It is further submitted that that despite vesting all peoples with the right to self-determination, such right does not confer a general right to secession in international law. Thus, it is submitted that there is no right to secession in international law. However, the paper noted that some scholars have made strong case for the recognition of a limited right to secession under certain circumstances such as when the group in question has been subjected to immense oppression by the parent state. The argument being that, the parent state by its acts of oppression has shown its inability to protect that group of people within the framework of the existing State. Hence, justifying secession as an exercise of the right to self-determination. This argument was used to justify the case of Kosovo, however it lacks universal application and acceptance.