Implementasi Konsep Responsibility To Protect (RTOP) Oleh Dewan Keamanan PBB Dalam Krisis Kemanusiaan Di Libya
| Main Author: | dan Sigit Riyanto, Ines Thioren Situmorang |
|---|---|
| Format: | Article eJournal |
| Bahasa: | eng |
| Terbitan: |
[ 6 ] JURNAL PENELITIAN HUKUM GADJAH MADA
, 2012
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| Online Access: |
http://lib.law.ugm.ac.id/ojs/index.php/jpgugm/article/view/1628 |
Daftar Isi:
- This study evaluated the implementation of the concept of responsibility to protect by the United Nations Security Council arid aims to determine the forms of human rights violations that caused the humanitarian crisis in Libya, the meaning of the concept of responsibility to protect under international law and the UN response in addressing the humanitarian crisis in Libya so that a conclusion can be drawn regarding the implementation of the responsibility to protect by the UN in Libya. This normative legal research is exploratory (exploring) and descr41tive research along with the use of legislation approach, conceptual approach, and historical approach whose application is in accordance to the needs. By using a variety of theories proposed by some scholars about the responsibility to protect, humanitarian intervention, state sovereignty, and protection of victims, as applied in international practice as well as theoretically revised in academic discourse, the results showed that the state has a responsibility to protect the public from the crime of genocide, crimes against humanity, ethnic cleansing and war crimes. The international community is responsible to assist countries in carrying out its responsibilities. If a country fails to protect its people or even become perpetrator of the crimes above, then the responsibility to protect switch to international community for humanitarian intervention (principle of responsibility to protect). Thus, state sovereignty is considered as a responsibility namely responsibility to protect. The results also showed at the Libyan government was unable or unwilling to provide protection because it committed war crimes and crimes against humanity to its people that it became a justification for the international community through UN Security Council resolutions 1970 and 1973 to address the humanitarian crisis in Libya through humanitarian intervention. Keywords: responsibility to protect, humanitarian intervention, sovereignty as responsibility, United Nations Security Council.