LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

LEGALITY OF USE OF FORCE IN SECESSIONIST ATTEMPTS

AUTHORED BY:

Mr. Amogha Shyam Konamme, 

Student,

Hidayatullah National Law University

CO-AUTHORED BY:

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ABSTRACT

Human society has always been a diverse mix of various peoples, each having its own identity. The conflict between different peoples is not a new phenomenon. The development of the ideas of State and a central power governing it intensified this phenomenon as the power to regulate States cannot always be shared among the various peoples comprising its population. The neglect or even oppression of a people by the dominant group leads the neglected to want to have their State. More often than not, the parent state does not approve of such desires and tries to suppress such feelings. This suppression, most of the time, results in the oppressed taking to the use of force to achieve their goal.

This paper seeks to examine whether there are provisions in international law allowing for the use of force according to the right of self-determination of peoples by analyzing a few examples of the use of force in secessionist attempts in the recent past. Finally, the provisions allowing for power in two different contexts are examined.