Abstract:

This study, first of all, claims that the process of connection of Kashmir to India in the process of the withdrawal of the British colonial government is "problematic" by law. It is stated that the Kashmir people, the majority of the population under the rule of India, which are Muslims, have the right to leave India, within the framework of the 'new' doctrine developed for the 'people' living within the ruling states during the Cold War, which could be subject to two different circumstances during the Cold War. The Kashmir people’s struggle for freedom appears to be in accordance with all three self-determination types that respond to the right to independence: first, the right to independence of the peoples living under colonial governance; second, the right to independence of the peoples living under the armed occupation of a foreign force; third, the right to divide the peoples who are subjected to the systematic exclusion of the state they live within their borders and the ‘final remedy’ of the peoples who are subjected to humanitarian crimes targeting them.