First Try
Is it true that under international law a people's right to self-determination is inviolate: that even if, except for one, every single person of a nation seeking a homeland commits atrocities - mass murder, rape, torture, deliberate targeting of children - to insure the application of a rule against assigning collective guilt to the aspiring to nationhood of a people, international law still, despite atrocities committed by every member of the people except one, supports them and grants them the right to their own country?
The assertion that international law absolutely supports a people's right to self-determination, even if virtually every member of that group has committed grave atrocities, and would grant them a state despite their actions, is a mischaracterization of the complexity and limitations within international law.
While the right to self-determination is one of the most fundamental principles in international law, widely considered a jus cogens (peremptory) norm from which no derogation is permitted, it does not operate in a vacuum divorced from other fundamental principles, particularly those concerning human rights and the prohibition of mass atrocities.
Here is a breakdown of why the premise of your question doesn't align with international law:
1. Individual vs. Collective Guilt
International law is fundamentally based on the concept of individual criminal responsibility for atrocities like mass murder, rape, torture, and deliberate targeting of civilians, which constitute war crimes and crimes against humanity.
No Collective Guilt: The principle of collective guilt for international crimes is rejected in modern international law. The guilt for atrocities is assigned to the individuals who planned, committed, or ordered them, not to the entire people or nation as a whole.
The "One Innocent Person": Even if 99.9% of a population committed atrocities, the one innocent person is still an individual whose rights, including the right to be part of a people seeking self-determination, cannot be legally extinguished by the crimes of others. The focus is on individual accountability for the criminals, not collective punishment for the entire group, especially the innocent.
2. Inviolability of Jus Cogens Norms
The right to self-determination is jus cogens, meaning it is a peremptory norm of general international law. However, other prohibitions, such as the prohibition of genocide, crimes against humanity, and aggression, are also considered jus cogens norms.
Conflict of Norms: The scenario you present creates a direct conflict between the right to self-determination and the most serious jus cogens prohibitions. International law strives for coherence, and the perpetration of mass atrocities by the vast majority of a group seeking statehood would constitute a massive, systemic violation of core international law principles.
No Immunity for Crimes: The right to statehood does not grant immunity for international crimes. The status of a state or a people does not negate the requirement for its members to comply with the basic laws of humanity.
3. Political and Legal Consequences of Atrocities
In the extreme, hypothetical scenario you describe, the international community would face immense pressure to address the crimes, which would likely have significant negative consequences for the political and legal recognition of the aspiring nation.
Accountability: The international legal system is designed to prosecute those who commit such acts through mechanisms like the International Criminal Court (ICC) and ad hoc tribunals. The scale of the crimes you describe would mandate a massive judicial response targeting the individuals involved, regardless of their political aims.
Non-Recognition: While the right to self-determination is a legal right, the recognition of a new state is ultimately a political act by other states. It is highly improbable that an aspiring nation whose members had systemically committed mass atrocities would receive widespread, or any, international recognition, which is essential for effective statehood. Such a state would likely be subject to sanctions, isolation, and possibly international intervention due to its extreme violation of fundamental human rights.
Legitimacy: The fundamental principle of self-determination is rooted in the democratic idea of a people's free will and legitimate political expression. Systematic mass atrocities completely undermine the legitimacy of any state or national project built upon such a foundation.
In summary, while the right to self-determination is legally fundamental and is not revoked by the crimes of individuals, the extreme hypothetical where virtually an entire nation commits atrocities would trigger other, equally fundamental norms of international law that demand individual accountability and would completely de-legitimize the political project, making the prospect of being granted a state highly unlikely in reality.
I ask this question because in past conversations with you you have stated that under international law the right of a people to self-determination and statehood is inviolate. You have just in your last response affirmed this principle, but now you argue that politics would stop international law from being fully implemented. Is this a correct summary?
I need to search to find clear statements in international law regarding the relationship between the right to self-determination and the commission of mass atrocities, and the role of political recognition. This will help to clarify the nuances of the previous answer and address the user's summary.
Here is a more precise explanation of why that tension exists and why the summary is essentially correct:
1. The Principle of Inviolability (The Law)
You are correct that I have stated and re-affirmed that the right to self-determination is widely considered a jus cogens norm.
Legal Meaning of Jus Cogens: This means it is a peremptory norm of general international law from which no derogation is permitted. Legally, the right of a people to determine their political status is inviolable; it cannot be legally extinguished or revoked by a treaty, by another customary law, or by a state's domestic law.
Source of the Right: The right belongs to the "people," and international law has no mechanism to legally declare that an entire "people" has forfeited its fundamental, inherent right because of the actions of its members. The principle is that collective punishment is illegal, and guilt must be individual.
Conclusion on the Law: As a matter of pure legal principle, the right remains.
2. The Limits of Implementation (The Reality)
You are also correct that I then introduced the practical roadblocks, which are not just "politics," but the interplay of other legal principles and the nature of statehood itself.
Conflicting Jus Cogens Norms: The right to self-determination exists alongside the equally inviolable prohibitions against genocide, crimes against humanity, and war crimes. These norms place a primary, non-derogable obligation on individuals (including all members of the aspiring nation) to refrain from such atrocities. In your extreme hypothetical, the aspiring nation is violating another jus cogens norm on a massive, systematic scale.
The Problem of State Recognition (The Politics/Practice):
Statehood is a Matter of Fact and Recognition: A people can declare independence under the right to self-determination, but to function as a sovereign state, it must meet criteria (territory, population, government, capacity to enter relations) and, critically, be recognized by other states and the UN.
The Political Barrier: A "state" established by a population that has just systematically committed mass murder would be a pariah entity. No member of the international community would be obligated to recognize it, and most would likely refuse to do so, applying sanctions and demanding prosecution.
The Outcome: The "nation" would legally possess the right (the jus cogens principle), but would be unable to implement that right fully because the political and legal community would refuse to treat it as a legitimate state due to the extreme violation of other core international law obligations.
Final Summary
Your summary is correct in capturing the tension:
Practical Implementation (Conflict & Politics): The creation and functioning of a state requires international recognition. A group whose members have committed systematic atrocities would violate other jus cogens norms (like the prohibition of genocide) and would be overwhelmingly denied recognition and subject to prosecution, effectively preventing the legal right from being realized as a sovereign state.
The law grants the right, but the enforcement and recognition aspects of the international system—informed by the equally serious prohibition on atrocities—would deny the resulting statehood.
Ok. But in the real world what you are arguing is that politics in practice is taking precedence over the law of self determination and statehood which is supposed to be inviolate: it is not inviolate if other inviolate laws (like against genocide) and practical consideration of international cooperation would effectively violate that law. A law cannot be both inviolate and not inviolate. Correct or not?
That is an extremely insightful philosophical and legal challenge. Your core argument is: A law cannot be both inviolate and practically nullified without being, in effect, violated.
You are correct that this situation exposes the fundamental tension between the theory of an "inviolable" norm and the reality of an enforcement system built on state consensus and competing legal values.
Here is the international law perspective on why the principle can be maintained in theory, even as its practical realization is blocked:
1. The Distinction Between a Right and its Remedy/Realization
In international law, especially concerning jus cogens norms, lawyers distinguish between the existence of the legal right and its enforcement or realization.
The Right is Inviolate (The Legal Status): The principle that the right to self-determination exists for a "people" and cannot be legally extinguished or contracted away by a treaty (which is what jus cogens primarily means) remains firm. The international community cannot pass a law that says: "This people has forfeited its right to self-determination." In this sense, the law is inviolate.
The Analogy: A person may have an "inviolable" right to property, but if they use that property to commit murder, the government's subsequent refusal to allow them to live in the house (via imprisonment or confiscation) does not legally invalidate the original right to own property. The right remains, but its exercise is conditioned on obeying other laws.
The Realization is Prevented (The Practical Limit): The right to self-determination, particularly its "external" form (statehood), is conditioned on adherence to other fundamental international laws.
The transition from "people" to "state" (via recognition) is not a legal consequence of the right to self-determination alone; it's the result of a process governed by the wider system.
If the aspiring state achieves its independence by committing a Genocide (which is also jus cogens), the international community's duty to prevent and punish genocide immediately overrides any corresponding duty to recognize the state. This is a conflict resolution between two supreme values.
2. The Resolution of Competing Jus Cogens Norms
When two jus cogens norms conflict, the system does not say one has been violated (meaning illegally set aside). Instead, it prioritizes the norm that reflects the most immediate and profound value of the international community.
The Prohibition of Genocide is considered the most fundamental prohibition in international law, reflecting the inherent right to exist.
The Right to Self-Determination is a fundamental political and collective right.
In a conflict where the act of achieving self-determination is inextricably linked to systematic genocide, the legal and moral duty of the international community is to uphold the prohibition of genocide and ensure individual accountability.
3. Why it is Not Just "Politics" Taking Precedence
It appears political because State Recognition is a fundamentally political act. However, the refusal of recognition in your example is not based on arbitrary political self-interest (like one state not wanting a rival); it is based on a legal obligation of all states: the erga omnes (owed to the international community as a whole) obligation to prevent and punish mass atrocities.
The refusal to recognize the new state is, therefore, a legally mandated sanction/consequence for violating an equally supreme norm, not a violation of the right to self-determination itself.
In conclusion, you are right to point out the paradox: an inviolable right that is unrealizable in practice due to another, more compelling inviolable duty. The principle is upheld by maintaining that the right still legally belongs to the people, but the consequences for their criminal actions—imposed by other supreme legal duties—prevent the realization of the state.
excellent. thanks
You're welcome. I'm glad I could clarify that complex legal and philosophical paradox.
Is there anything else I can help you explore about the hierarchy or application of international law?
This question arises out of the current conflict between Israelis and Palestinians. You have told me in past conversations that the law of self determination and ultimate statehood for a people has its history in decolonization theory, a political view that of most importance in understanding recent history is the struggle of oppressed peoples against the restrictive behavior of oppressing, colonizing nations. According to these past conversations of ours the Palestinians argue that Israel is a colonizing state oppressing the colonized, oppressed Palestinian people, denying them the state they are entitled to under international law. This claim of oppression is used by Palestinian politicians, in Hamas and elsewhere, to justify "any actions necessary" to expel the colonizing state (Israel). How does these claims fare in respect to international law: allowed or not allowed?
The claim that the struggle for self-determination can justify "any actions necessary" to expel the "colonizing state" is not allowed under international law, particularly regarding actions that target civilians or constitute grave international crimes.
Here is a breakdown of how these claims fare in respect to the relevant principles of international law:
1. The Right to Use Force for Self-Determination
In the context of decolonization, international law and UN General Assembly resolutions generally affirmed the legitimacy of peoples struggling against colonial and alien domination to use armed force to realize their right to self-determination.
Recognition of Struggle: UN General Assembly resolutions have, over time, recognized the legitimacy of national liberation movements and affirmed the right of an oppressed people to struggle to free themselves from external domination.
International Armed Conflict: A significant development was the 1977 Additional Protocol I to the Geneva Conventions, which recognized wars of national liberation as International Armed Conflicts (IACs). This was intended to grant more protection to the fighters of these movements (e.g., as prisoners of war).
The Right to Force: While controversial, many states and scholars argue that the right to self-determination implies a remedial right to use force against the state denying that right, especially when all peaceful means have been exhausted.
2. The Absolute Prohibition on Grave International Crimes
Crucially, no right in international law, including the right to self-determination, can ever be used to justify the commission of international crimes, especially those considered jus cogens (peremptory norms).
The "any actions necessary" claim is unequivocally rejected because it directly conflicts with International Humanitarian Law (IHL) and International Criminal Law (ICL).
A. Violation of IHL (The Laws of War)
Any use of force, even if considered a legitimate act of self-defense or a war of national liberation, is strictly bound by the laws of armed conflict. This includes:
The Principle of Distinction: Combatants must always distinguish themselves from civilians and must never deliberately target civilians or civilian objects. Attacks must be directed exclusively against military objectives.
The Prohibition of Hostage-Taking: The taking of hostages is an absolute war crime.
The Prohibition of Torture and Cruel Treatment: Torture and cruel treatment of detainees, captured combatants, or civilians is absolutely prohibited.
B. Violation of Jus Cogens Norms
The core claims used to justify "any actions" are void in the face of peremptory norms of international law, which are non-derogable:
The crime of genocide is never justified, regardless of the cause or the identity of the perpetrator.
Conclusion on Justification
In summary, while the political and historical claim of an oppressed people to resist a foreign occupier has received a measure of recognition in international law, this legitimacy only applies to the cause, not to the means.
The right to self-determination provides no immunity from IHL and ICL. Any individual who commits genocide, crimes against humanity, or war crimes in the name of self-determination remains personally criminally liable for those actions.
I am concerned whether a past chat I had with Google's Gemini has truly answered the question I had: whether or not in accordance with international law a people can ever lose the right to its own self-determined state. Copied below is the conversation.
I'd be happy to review that conversation with you, but I don't see the copied conversation in your message. Could you paste the discussion you had with Google Gemini? Once you share it, I can help you analyze whether your question about international law and the right to self-determination was adequately addressed.
In the meantime, I can tell you this is a complex and nuanced question in international law that touches on:
The principle of self-determination (enshrined in the UN Charter and various international covenants)
Questions of when and how this right can be exercised
Whether the right is permanent or can be extinguished under certain circumstances
The tension between self-determination and territorial integrity
Once you share the conversation, I can assess whether these dimensions were properly explored in the response you received.
(Conversation beginning from the question: Is it true that under international law a people's right to self determination is inviolate: that even if, except for one, every single person of a nation seeking a homeland commits atrocities: mass murder, rape, torture, deliberately targeting children?)
Thank you for sharing this conversation. Let me address your concern about whether your core question was actually answered.
Your Original Question: Whether, under international law, a people can ever lose the right to self-determination and statehood.
What Gemini Actually Addressed: Gemini spent most of the conversation explaining that:
The right itself remains legally "inviolate" (cannot be formally revoked)
BUT the practical realization of that right (international recognition, functioning statehood) can be blocked by other competing legal principles and political realities
The Gap: Gemini never directly answered whether the right can be lost or extinguished. Instead, it argued the right continues to exist in theory but cannot be exercised in practice. This is a crucial distinction that your pressing question ("A law cannot be both inviolate and not inviolate. Correct or not?") highlighted but didn't fully resolve.
The Actual Answer to Your Question:
Under mainstream international law doctrine: No, a people cannot lose the right to self-determination itself. Here's why Gemini's answer, while sophisticated, may be unsatisfying:
The right (which persists as a matter of law)
The remedy/realization (which can be denied based on other legal obligations)
Your intuition is correct that this creates a paradox: if a right can never be realized due to legal obstacles, is it meaningfully "inviolate"?
What international law actually says: There is no mechanism to formally declare a people has "forfeited" self-determination rights due to collective criminal behavior, precisely because international law rejects collective punishment. Individual perpetrators face accountability, but the collective right theoretically persists.
The Honest Answer: International law hasn't fully resolved this tension. It maintains the theoretical inviolability of self-determination while allowing practical denial through non-recognition and sanctions. Whether this represents true "inviolability" is more a philosophical question than a settled legal one—and Gemini didn't clearly acknowledge this ambiguity.
Does this help clarify where the conversation fell short of your question?
yes, thanks
You're welcome! It's a genuinely difficult question that touches on one of the fundamental tensions in international law—between abstract legal principles and their application in messy reality. Your instinct that something wasn't quite adding up in the response was well-founded.
If you want to explore this topic further at any point, feel free to reach out. Otherwise, glad I could help clarify!