حق تقرير المصير بين المواثيق الدولية والنصوص الدستورية

Abstract EN

In fact, the constitution of the republic of Iraq for the year 2005 did not explicitly mention this right, and this is contrary to what was stated in the draft constitution of the Kurdistan region of Iraq for the year 2009, which has not been written to enter into force so far, and this right is expressly stipulated in article (7) of it, which from them, the regional government took the op Tion of holding a referendum on the region's secession from the federal state, which was held on 9/25/2017.

it is self-evident in the constants of the foundations of federal systems that the regional constitution agrees with its federal counterpart in the federal state and does not contradict it in all of its provisions.

therefore, the approval of this right in the regional constitution must be matched by the approval of the federal constitution with it, or at least its non-denial of this right explicitly.

therefore, we will discuss this topic, which is to prove the extent to which the federal constitution recognizes the right to self-determination, and whether the relevant international covenants are binding on all the countries of the in ternational community, or those that have been ratified by Iraq, have the effect of obligating the Iraqi state to recognize this right.