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Talk:Declaration of Independence of the Turkish Republic of Northern Cyprus

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Validity of Declarations of Independence in Int'l Law

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Apparently there is no general rule against unilateral declarations of independence in international law per the ICJ Kosovo opinion. What was it that invalidated this one? No matter where I look on Wikipedia, I see that Northern Cypriot UDI was declared invalid - perplexingly with not even a summary as to why (I see that a brief justification was offered in retrospect in the Kosovo opinion, paragraph 81 - pasted below). This seems a key detail, and in my opinion, should be added. Additionally, I do feel some explanation of said unlawful use of force and its role in the UDI subsequently being considered invalid is necessary (i.e. establishing causation between the two).

The Court notes, however, that in all of those instances the Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the illegality attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular those of a peremptory character (jus cogens). In the context of Kosovo, the Security Council has never taken this position. The exceptional character of the resolutions enumerated above appears to the Court to confirm that no general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council.

Sapiocrat (talk) 21:42, 28 March 2020 (UTC)[reply]

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