Economics 3366A/B Study Guide - Quiz Guide: Peremptory Norm, International Court
8 Oct 2020
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Unilateral attempt at secession is not illegal. Rebels are not a state so they cannot violate international prohibition of use of force in sense of un charter. Situation is different if state aids rebels (e. g. if france were to help catalonia achieve independence) as this would go against prohibition of providing aid and use of force. Limburg would be clearly illegal not because of the unilateral secession but because there was unlawful use of force/foreign intervention which made effective control over territory possible. Article 41(2) arsiwa: no state shall recognise as lawful a situation created by a serious breach within the meaning of article 40 [jus cogens/peremptory norm] nor render aid or assistance in maintaining that situation. Nb: this obligation does not apply where an attempted secession is solely unilateral, only applies where there is a breach of the prohibition of the use of force or a jus cogens violation.
