Chapter 12 Debunking the Pandora Box of Decolonisation

An Inquiry into Papuan Separatism from the Lens of International Law

In: The Asian Yearbook of Human Rights and Humanitarian Law
Authors:
D.D. Agusman
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A. Afriansyah
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I. Fadilah
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Abstract

Self-determination and the related concept of uti possidetis have been the sources of major controversy in international law. This article examines the complex development of these doctrines and their application to the conflict between the Indonesian State and West Papuan separatists, who rely on the principle of self-determination to advance their claims. In its recent Advisory Opinion in the Chagos Case, the ICJ further clarified the meaning of self-determination, and this article explores in detail the implications of this ruling for the West-Papua situation. Having analysed the doctrines of self-determination and uti possidetis, as well as the 1969 Act of Free Choice, this article concludes that Indonesia’s claim to sovereignty over West-Papua is supported by international law.

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