THE CREATION STORY OF KASHMIRI PEOPLE: THE RIGHT TO SELF-DETERMINATION

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Fozia N Lone

Abstract

If a group wishes to exercise the right to self-determination, they need to establish that they are a “people” within the international law definition, thereby triggering the ability to claim this right.  Thus, the definition of the term “people” is the key in cases of self-determination and always posits difficult challenges.  This article aims to determine whether the “Kashmiri people” could be identified as a group that fits within the contemporary non-exhaustive definition of people.  Having ascended from the level of subjects of an autocratic rule to victims of human rights violations, are Kashmiris now in a position to exercise a right to self-determination?  

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