Article by Professor D'Amato for GULAN magazine: I remain of the Opinion that Kurdistan Should Become a State
November 29, 2011
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Anthony D’Amato is professor of Law in Northwestern University in Chicago, and is one of the jurists who participated in the trial of war criminals of the former Yugoslavia. We have contacted the professors D’Amato to take his views and opinions regarding to the question of the US withdrawal from Iraq, but the professor D’Amato preferred to comment briefly on his previous writings to Gulan Magazine. Therefore; with great appreciations and gratitude to the Professor D’Amato, we are publishing the brief column he wrote to us in Gulan magazine in Kurdish, as well as in English on Gulan Media Website. And the column is as the following:It is an honor to present my views on Kurdistan and elaborate on my previous columns in Gulan.
I remain of the opinion that Kurdistan should become a state. Its borders would then be inviolable, which is the main reason for statehood. However, it would be a mistake to proclaim statehood or to apply to the UN for statehood. It would look like an act of insurrection, and Iraq might react by sending in troops. This could result in the destruction of any form of self-government for the Kurds. Instead, the Kurds should copy be informed by other models of becoming a state.
Taiwan is the closest model. Taiwan keeps sending more and more ambassador-type officials to other countries without exactly calling them ambassadors. In international law, the most important test for statehood is the number of “missions” the entity has. At some point, if the number is high enough and includes some of the bigger states, they begin calling the missions “embassys,” and the silent sift toward ambassadorial relations with other states tends to confer statehood upon the entity. At no time should Kurdistan proclaim that it is, or wishes to become, a state, for such a proclamation may incite Iraq to send in its troops to “quell an insurrection.”
A second strategy is suggested by the example of Monaco, a small state on the French Riviera. Monaco has ceded all of its foreign policy to France. This removes France’s biggest worry—that Monaco could drag France into an unwanted war by having too aggressive a foreign policy.
Third, apply to the UN for a seat at the General Assembly. The precedent here is Palestine.
Fourth, be aggressive in protecting the human rights of your Assyrian minority. The more effort you put in toward protecting groups smaller than you, the more the international community will protect you.
Fifth, you cannot rely on US intervention. The American public is unhappy about the intervention in Iraq, and will not tolerate “going back in”. If you are subjected to a military attack, immediately apply to NATO for assistance.
Sixth, learn from the Chinese the desirability of having citizens owning gold. You want your citizens to be rich and prosperous, so that they will have a significant stake in the wealth and prosperity of the state itself. I would suggest selling gold bars to the public at half price. This can lead to a huge demand for gold, which can be satisfied by using a percentage of oil revenues to buy gold on the open market.
Best wishes to the people of Kurdistan,
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/s/ Anthony D’Amato
Leighton Professor of Law
Northwestern University
Chicago, Illinois, USA