ANALISIS KEBIJAKAN PRE-EMPTIVE SELF DEFENCE GEORGE W. BUSH, JR TERHADAP AFGHANISTAN
Abstract: PESD becomes
controversy because its legality under international law particularly in
Article 51 of the UN Charter does not set any explicit reference to this
action. The academics differently interpret the contents of the chapter, some
academics legalize preemptive and others regard it as an act that violates
international law because it do not fulfill two conditions the right of defense
permissible. The two conditions are there has been an armed attack and the UN
Security Council has taken measures in advance. In addition to Article 51 of
the charter, legitimacy and precedent of preemptive action is also present in
customary international law, which this action can be performed under certain
conditions if meets two conditions: necessity and proportionality. The findings
of this research are preemptive self-defense by the United States against
Afghanistan does not violate international law. It is based on the
transformation of various forms of threats and no longer just an attack by the
armed forces as well as terrorism, so the rigid interpretation of Article 51 of
the UN Charter is no longer adequate. In addition, the policy of United States
meets the elements of necessity and proportionality, which preemptive action is
permissible under customary international law.
Penulis: Finahliyah Hasan
Kode Jurnal: jphubintdd160107
