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Tinjauan Yuridis Intervensi Militer Menurut Hukum Internasional (Studi Terhadap Kasus Intervensi Militer NATO Ke Libya Tahun 2011)

Thursday, 31 January 2013

Non-international armed conflict between government and rebels is a problem that emerged recently as happened in Libya. Before the Security Council issued Resolution No. 1973 was issued Resolution No. 1970 which contains the Libyan government to respect human rights, as it continues to carry out attacks on civilians. But the first resolution is not adhered to. On March 18, 2011, the UN Security Council Resolution No. 1973 related to the crisis in Libya. The resolution set no-fly zone over Libyan territory and to allow Member States to take all necessary steps to protect civilians from attack pro Gaddafi forces.

This study aims to find out about setting up a military intervention under international law and to determine the issue of NATO military intervention in the case of Libya in 2011. To answer the above problems, the methodology used in this research study with a normative juridical approach, and is descriptive. To support the objectivity of the issues to be addressed in this study, it is necessary secondary data related to the problem. The data obtained in this study were drawn from the research literature (library research), and books, and analyzed qualitatively.

Based on the results of the research note is based on Article 2 (4) UN Charter governing the prohibition of the use of physical violence or armed against the territory of a State or political freedom. In Article 2 (7) of the UN Charter itself states that banned the practice of intervention but the principle is without prejudice concerning coercive measures in Chapter VII. Under Chapter VII of the UN Charter regarding the exclusion of use of armed force, although banned in the UN Charter, but a military intervention against the background and is supported by the Security Council resolution is a legal one. The international community has agreed that intervention can only be made on humanitarian grounds and made collectively through the authority of the UN Security Council.

Military intervention of NATO in Libya case of 2011 is legal because it is based on the Resolution of the UN Security Council No. 1973.

Sumber : http://fh.unsoed.ac.id/en/node/408
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