CD Skripsi
Pengaruh Penggunaan Pre-Emptive Self Defense In War Yang Digunakan Oleh Negara Yang Sedang Berkonflik Untuk Pengeculian Dalam Tanggung Jawab Hukum Internasional (Studi Kasus : Pasukan Türkiye Menyerang Kaum Khurdis)
ABSTRACT
Self-defense is the right of self-defense granted by the UN Security
Council contained in Article 51 of the UN Charter. This right can be used by a
state in order to defend itself from an attack from another country. It is well
known that the development of theories about state self-defense rights has
overridden the concepts of anticipatory self-defense and pre-emtive self-defense
that override the provisions requiring armed attacks before state self-defense
rights arise. Article 51 of the UN Charter clearly states that the right to selfdefense
of UN member states, individually as well as collectively, only arises "if
an armed attack occurs". Thus a new state can exercise its martial rights if it has
happened or is happening.
Normative Legal Research Methods use normative juridical approach
methods. The normative approach in juridical is an approach that refers to the
applicable laws and regulations. Furthermore, normative legal research is a
type of legal research methodology that bases its analysis on applicable laws
and regulations and is relevant to the legal issues that are the focus of the
research. Topics of legal issues that are relevant to be researched using
Normative Legal Research Methods, including regarding; Intentarization of
positive law, legal principles, etc.
The results of the research that have been obtained prove that first ; there
is a lot of neglect of the use of this principle by many countries which has resulted
in many violations that have been committed by the State. Meanwhile, the
original purpose of making this principle according to the provisions of Article
51 of the UN charter was to protect the entity of a state against threats that would
arise from outside that resulted in destruction and danger within the state itself.
Keywords : State Accountability - Armed conflict - Preemtive of State Self-
Defense
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