LEGALITAS PELAKSANAAN INTERVENSI KEMANUSIAAN DI LIBYA BERDASARKAN RESOLUSI DEWAN KEAMANAN PBB NOMOR 1973 TAHUN 2011 DITINJAU DARI BAB VII PIAGAM PBB

Juwita, Ratna (2011) LEGALITAS PELAKSANAAN INTERVENSI KEMANUSIAAN DI LIBYA BERDASARKAN RESOLUSI DEWAN KEAMANAN PBB NOMOR 1973 TAHUN 2011 DITINJAU DARI BAB VII PIAGAM PBB. S1 thesis, UAJY.

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Abstract

Libyan conflict, started in March 2011, has created massive chaos and human rights violations perpetrated by its president, Muammar Khadafi. Regarding those chaos, the United Nations, represented by the Security Council has taken actions concerning the protection of the civilians through the Resolution of the Security Council number 1970 (2011). Proven that the resolution has given no result regarding the cease- fire demanded by the international world, the Security Council the collaborated with Arab League and African Union, estabilished the Resolution of the Security Council number 1973 (2011) concerning the authorization from the world, represented by the Security Council to conduct no- fly zone in Libya. The estabilishment of no- fly zone in Libya became the first step of the humanitarian intervention in Libya. The intervention in Libya, March 2011, has created public debate in all over the world, between pros and cons arguments created by many people regarding the intervention. Intervention itself became problematic whether intervention violated principle of souvereignty chrystalized in the article 2 (4) and 2 (7) of the Charter of United Nations. Other problem would be whether the conduction of the intervention would still in line with the values and the mandate of the Chapter VII from the Charter of the United Nations. In here, the Researcher would try to match and analyse whether the intervention was still in line or not with the mandate of the Chapter VII from the Charter of the United nations using legal normative approach. Based on the research, Researcher found that the humanitarian intervention in Libya conducted by NATO was indeed, in line with the mandatory requirements from the Chapter VII of United Nations Charter. Regarding the principle that existed, based on the comparison, Researcher found that principle of Responsibility to Protect outweighted the principle of Souvereignty, therefore, humanitarian intervention in Libya didn’t violate the souvereignty of Libyan Government.

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