Self-Determination within a Westphalian State: The Yanomami Crisis and the Limits of International Law

The Yanomami Indigenous Territory (TI) exemplifies the paradox of Indigenous self-determination within the Westphalian paradigm, which prioritizes state sovereignty over the autonomy and borders of Indigenous nations. While Brazil’s 1988 Constitution guarantees Indigenous peoples’ exclusive rights to their territories, the humanitarian crisis in the Yanomami TI demonstrates crucial gaps between legal provisions and their application. Departing from this systemic failure in enforcement, this article critically examines the responses of international institutions such as the International Criminal Court (ICC), and the Inter-American Commission on Human Rights (IACHR), to the incursions and human rights abuses faced by the Yanomami. The article defends that, despite efforts by the IACHR to address state neglect and violations of Indigenous rights, their actions were constrained by structural limitations inherent in international law and political resistance from Bolsonaro’s administration. As to the ICC, the Office of the Prosecutor (OTP) has yet to render a decision  at the time of writing to initiate a preliminary examination into these submissions, with skepticism remaining high regarding whether any substantive action will be taken. By reframing incursions into Indigenous territories as a form of unregulated migration, this article highlights the contradictions in the international system’s approach to mobility and sovereignty. It argues that the State-centric framework of international law perpetuates colonial legacies, leaving Indigenous nations vulnerable to extractivist exploitation, systemic neglect, and violence. Finally the article underscores the urgent need for a paradigm shift to ensure meaningful Indigenous self-determination and protection.

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EN_CACHOEIRA (Ed. 8) - THE YANOMAMI CRISIS.pdf

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