Populo Volume 2 Issue 2

not unequivocally prohibit it either’. 31 A certain conditionality regarding

territorial integrity when it comes to secessions derives from provisions

referring to compatibility with the principles of the UN Charter 10 or relevant

norms rather than an explicit prohibition. One example is the Declaration on

Friendly Relations, which does not authorise or encourage acts against the

territorial integrity of a state as long as it does not violate the societal security of

its people, perpetrating for example, cultural cleansing. This shading is apparent

in the unilateral declaration of independence by Kosovo which was not found

by the ICJ to be contrary to international law or UNCS Resolution 1244, while the ICJ did not specify if non-state actors have the right to self-determination. 32 For Halim Moris ‘the defining issue in international law for the 21 st century is finding compromises between the principles of self-determination and the sanctity of borders’. 33 However, the Kosovo case involved the interest-based

intervention of the US.

There is an ad-hoc selection by the strongest actors on whether to respect

territorial integrity obligations. Like the US did in Kosovo, Russia in Abkhazia,

South Ossetia and Crimea disregarded the territorial integrity norm because it

was in its interest to do so. Furthermore, the notion of ‘contingent sovereignty’

after 9/11 further erodes the principle of territorial integrity as the invasion of

Iraq has demonstrated. Humanitarian interventions too is not free from

ambiguities and often reflects certain agendas. It is orchestrated in the

framework of the Security Council and the Permanent Five Members. In this

manner, the principle of the Responsibility to Protect is monopolized by strong

actors and has been reduced into a narrative shell, used to justify intervention

and, thus, undermines the principle of territorial integrity which renders

31 Allen Buchanan, ‘Theories of Secession’, Philosophy & Public Affairs , 26.1 (1997), 31-61 (p. 33). 32 Summers, p. 461. 33 Elden, p. 19.

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