CD Skripsi
Tinjauan Hukum Internasional Mengenai Serangan Udara Terhadap Anggota Quds Force Iran Di Bandar Udara Internasional Bagdad Januari 2020
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
Article 2(4) 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 the Quds Force personnels
originated and bears Iran Nationalities that resulted to the ten casualties of that
armed forces personnels includes the leader of the Quds Force himself, Qassem
Soleimani in 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
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