TINJAUAN HUKUM INTERNASIONAL MENGENAI SERANGAN UDARA DI BANDAR UDARA INTERNASIONAL BAGDAD JANUARI 2020

Abstract

One of the most important purpose of the United Nations establishment is
to maintaining the international peace and security through the prohibition on the
use of force among states to settle their problem which has been enshrined under
United Nations Charter (UN Charter). One of the exceptions for states to use their
force is in the situation of self-defense against the prior attack directed against
victim state under Article 51 of the UN Charter. Despite the prohibition provision
under UN Charter, there are still violations to this provision by states, very
recently was the attack directed against Baghdad International Airport in Iraq by
United States on the basis of self-defense however the condition defined in the
Article 51 of UN Charter was not fulfilled hence it made United States
Conduction Estabilshed the nature of violation to the Article 2(4) of UN Charter.
The type of research carried out through normative-juridical research
where this research is conducted on the basis of legal principles which started
from certain written authorities as well as priorly identifying the provisions that
has been enshrined in certain law. In this study, the data sources used were
secondary data with primary, secondary and tertiary legal materials cerried out
by the library research means.
The results obtained through the research proves that, firstly, that the
United States attack against Baghdad International Airport of Iraq constitutes a
violation to the non use of force obligation, constitutes an act of Agression
furthermore the violation of good faith principle towards UN Charter and the
Agreement Between the United States of America and the Republic of Iraq.
Secondly, the ‘Self-Defense’ Basis by United States Government could not be
deem lawful as the condition under Article 51 nor the condition under ‘Caroline
Test’ was never fulfilled.
Keywords : UN Charter – Use of Force – Pacta Sunt Servanda – Self-defense
by States