HUMANITARIAN INTERVENTION UNDER INTERNATIONAL LAW
AND ITS IMPLEMENTATION IN ARMED CONFLICTS
Introduction
The state in international law is considered the main legal subject.1 In a relationship
between subjects of international law, especially states, conflicts often occur due to
differences in interests. And not always the conflict can be resolved through peaceful
settlement. This conflict of interest is often referred to as a conflict. Conflicts between states
can be caused by several factors, such as politics, economics, ideology, military strategy, or a
combination of these interests.2 Conflicts can be external, that is, those that occur between
countries and countries or can be internal conflicts that occur within a country.
Conflict resolution can be classified into two categories. First, peaceful means of
resolution, where the parties can agree to find an amicable solution. Second, ways of Forced
or violent settlement, i.e. when the solution used or imposed is through violence.3 If states
cannot reach a peaceful settlement of a dispute, the only possible solution is through violent
means. The principles of violent settlement are war and non-war armed action, retortion,
reprisals, pacific blockade, intervention.
War which is then known as armed conflict in its development is not only between
countries with countries or commonly known as international armed conflicts, but also occurs
within the country itself or commonly known as non-international conflicts.5 Seeing that
armed conflicts are often accompanied by genocide, crimes against humanity and war crimes,
UN Secretary-General Koffi Anan in 1998 urged the international community to agree to
intervene against states (in conflict) to stop gross violations of human rights. The agreement
was made on the basis of legitimate and universal principles and within the framework of
international law to protect civilians from massive human rights violations.
The term intervention is defined as an activity carried out by a state, a group within a
state, or an international organization that forcibly interferes in the internal affairs of another
state.
Intervention is the interference of a state in the internal affairs of another state with the
aim of maintaining or changing the existing situation. One form of intervention in armed
conflict that occurred was the armed conflict that occurred in Rwanda and Bosnia
Herzegovina (former Yugoslavia). As is known in both countries, ethnic conflicts have
occurred. Initially, the conflicts that occurred in the two countries were non-international
armed conflicts which then turned into international conflicts due to the presence of other
state parties participating in the two conflicts.
Based on the above background, to know and understand the humanitarian intervention
that is currently developing, it is studied and analyzed in depth in order to provide clarity on
the regulation of humanitarian intervention in the international community, for this reason the
author wants to compile a journal entitled "Humanitarian Intervention According to
International Law and its Implementation". The formulation of the problem in this article are:
How is humanitarian intervention regulated in international law?
What is the role of the UN in carrying out humanitarian intervention in armed conflict?
The research method used is normative legal research method with data collection
procedures whose main source is legal material containing rules that are normative law. The
data obtained and processed in normative legal research is secondary data derived from
literature sources. Literature study is carried out by studying literature, articles, and other
reading materials related to the writing of this article through literature searches to the
University of Lampung library, Lampung Regional Library, and internet sites related to this
research.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
Discussion
The Regulation of Humanitarian Intervention under International Law
A sovereign state can establish relations with other members of the international
community, as well as regulate everything that exists or occurs outside the territory of the
country but as long as it is related to the interests of the country. This is based on the UN
Charter Article 2 paragraph (1) which explains that relations between countries are based on
equality and freedom.
International relations according to Article 2 paragraph (4) that states in conducting
international relations may not use violence against the territorial integrity or political
independence of other countries. Then Article 2 paragraph (7) of the UN Charter states that
every country in conducting international relations is prohibited from intervening in the
domestic affairs of other countries, as well as the United Nations is prohibited from
intervening in the domestic affairs of other countries and requires countries in conflict to
resolve their affairs according to the provisions of the UN Charter. This is related to the
principle of non-intervention as one of the basic foundations of international law.
The principle of non-intervention that is developing today makes state sovereignty
today not only seen as a state right, but is closely related to the state's obligation to protect
human rights. Because the purpose of the establishment of a state is to protect every human
being, both its citizens and foreign citizens, from violations of their human rights. It's just that
often in its application, the state concerned abuses its rights and authorities, even to the
exclusion of human values, which then causes misery to its people. Therefore, in the event of
gross human rights violations, foreign parties can enter as a third party to solve the problems
that occur and restore the condition of the country to its original state, one of which is by
means of intervention.
Humanitarian intervention in general is an attempt to prevent or stop gross human
rights violations with certain forces (diplomatic and military) in a country, either with or
without the country's consent (the country is experiencing internal conflict). When a
humanitarian problem occurs in a country in the nature of gross human rights violations, the
international community is justified in intervening.
There are various kinds of gross human rights violations such as crimes against
humanity, genocide and war crimes, among others. The introduction of crimes against
humanity was first recognized and has become positive international law, namely, after World
War II in the Charter of the International Military Tribunal Nuremberg (IMTN) in 1946,
which was further regulated in the Charter of the International Military Tribunal for the Far
East (IMTFE) or also known as the Tokyo Charter in 1948, International Criminal Tribunal
for Yugoslavia (ICTY) in 1993, International Criminal Tribunal for Rwanda (ICTR) in 1994,
and most recently regulated in the Statute for an International Criminal Court, better known
as the Rome Statute in 2002.
The regulation of humanitarian intervention has not been expressly regulated in
international law. However, according to the UN Charter Article 24 on the duties and
functions of the UN Security Council, the UN through the Council The Security Council
reserves the right to carry out its obligations in the event of threats to international security, or
violations of peace and security, and aggression in accordance with the purposes and
principles of the UN and to minimize the use of force as much as possible, in accordance with
Article 26 of the UN Charter.
The UN also resolves a conflict based on Chapter VI Article 33 of the UN Charter. The
UN has a mandate to make all efforts so that conflicts can be resolved peacefully through
negotiation, mediation, arbitration, legal settlement, and other peaceful means. Furthermore,
Article 34 states that the UN can investigate any dispute (conflict) that could endanger
international peace. The UN Security Council can investigate any dispute or situation that
may pose a threat to international peace and security.
In Article 36, the Security Council may recommend such means of settlement as it
deems appropriate in a dispute referred to in Article 33 or a similar situation. Article 37
further provides that if the parties to the dispute are deemed unable to settle the matter, the
Security Council shall determine whether to take action under Article 36 or to adopt such
means of settlement as it deems appropriate.
Suggestions about ways of settlement that are considered feasible as stated in Chapter
VII of the UN Charter, Article 39 states that the Security Council will determine whether or
not there is a threat to world peace and will recommend or decide what action should be taken
in accordance with Article 41 of the UN Charter, namely that the Security Council can decide
what actions can be taken beyond the use of armed force, such as termination of economic
relations, means of communication, and termination of diplomatic relations. And Article 42
which states that if political and economic measures (under Article 41) cannot or do not
sufficiently encourage the conflicting parties, the use of military force (land, sea, and air
forces) may be justified to ensure the stability of international security and peace.Military
action is only a last resort if other means do not work to protect the population from gross
human rights violations.
Humanitarian intervention by the UN does not violate a country's political freedom. The
action only aims to restore human rights in a country experiencing conflict. Every country and
its people still have political freedom. Above This assumption of humanitarian intervention
does not violate the UN Charter. Intervention on humanitarian grounds, known as
humanitarian intervention, is carried out collectively based on the mandate of the United
Nations and aims to overcome humanitarian problems. This is in accordance with Article 50
of the UN Charter which regulates one form of intervention. Where this intervention is carried
out with the aim of solving existing problems. Furthermore, intervention in the context of
self-defense is contained in Article 51 of the UN Charter.
The UN's Role in Implementing Humanitarian Interventions in Armed Conflicts
The UN is the largest organization so far in the history of the growth of cooperation of
all countries in the world in various sectors of international life. Maintaining international
peace and security is closely linked to the principle of the Responsibility to Protect9 which is
the responsibility of all states to protect their own people, as well as the responsibility of the
international community to help states achieve this. If a state fails to protect its people, then a
number of political, economic and diplomatic means will be used to assist the state. This is
done using many means including negotiation, mediation, and the application of sanctions.
Military intervention may only be used as a last resort to stop mass atrocities which is done
multilaterally with the approval of the Security Council.
Chapter VI and Chapter VII of the UN Charter explain the peaceful settlement of
disputes and the measures necessary to maintain international peace, which can be done by
the following efforts:
The UN Security Council and General Assembly can appoint fact-finding missions to
investigate and report on alleged violations of international law. The UN Human Rights
Council can also send fact-finding missions and appoint special representatives or
special rapporteurs to advise on specific situations;
These missions can simultaneously provide early warning of humanitarian crises and
negotiate with leaders countries where the crisis is taking place to find a way to resolve
it;
termination of economic, communication, and diplomatic relations if no settlement is
found in the negotiations; and
The UN considers the use of military force to deal with urgent and actual mass violence.
It is important to remember that the use of military force should be a last resort when a
state is deemed to have failed to protect its citizens and when peaceful means have also
failed.
Humanitarian intervention is often scrutinized for its legitimacy. Therefore, some
international law experts argue that humanitarian intervention can still be carried out as long
as it meets the following requirements:11
Humanitarian intervention must be based on clear reasons and objectives, namely to
protect human rights;
must be carried out with due regard to the requirements of proportionality, and not
excessively; and
must be based on clear rules to avoid exploitation by one country of the territory it
occupies.
One form of intervention in armed conflict is the armed conflict in Rwanda and Bosnia
Herzegovina (former Yugoslavia). Bosnia is a fragment of the federal state of Yugoslavia.
The country has a long record of conflict.
Since Serbia was led by Slobodan Milosevic, ethnic unrest occurred, ethnic unrest
culminated when the amendment to the basic law of the Republic of Serbia was passed, which
stated that Kosovo's autonomy was under the supervision of the government of the Republic
of Serbia (March 1989). With the desire of ethnic Albanians to be independent and make the
Republic of Kosovo a sovereign state separate from Serbia, the Republic of Kosovo became a
sovereign state. In response to Slobodan Milosevic's aggressive crackdown on guerrillas and
the expulsion of ethnic Albanians from Kosovo, Milosevic organized the KLA (Kosovo
Liberation Army) to combat separatist groups seeking Kosovo's independence. Meanwhile,
Serbia argues that Kosovo is historically in the region and as part of Serbia, and for them
UCK is a terrorist group that must be destroyed. With this brutal action, many victims fell
from Albanian civilians.
In addition to referring to a number of moral foundations, the intervention carried out by
the UN in the Yugoslav conflict was formed based on UN resolutions. As one of the forms of
the resolution was the establishment of the International Criminal Tribunal, the International
Criminal Tribunal for Former Yugoslavia established under UN Security Council Resolution
No. 827 in 1993 and the International Criminal Tribunal for Rwanda established under
Security Council Resolution No. 955 in 1994. The UN also contributed by issuing UN
Security Council Resolution 1244 on June 10, 1999 explaining that Kosovo was placed under
the administration of the UN with the task of forming an interim government for Kosovo, so
that the people of Kosovo could have broad autonomy and self-government.
In the case of Rwanda, it was an ethnic conflict between the Hutu and Tutsi tribes that
claimed civilian lives. Since the outbreak of war between the government and the Patriotic
Front of Rwanda (FPR) rebels in October 1990, there have been a number of peace efforts
involving a number of countries in the region.
The peace deal clarifies that the UN will play a major role through the Neutral National
Forces (NNIF). This force is tasked with overseeing and assisting the implementation of the
agreement during a transitional period that will last 22 months.
Based on the recommendations of the mission, the intervention of UN forces will be
carried out in four stages. In the first phase, a team of 25 military personnel, 18 civilian
personnel, and 3 civilian police will be dispatched after formal authorization from the UN
Security Council. The mission will last 90 days with the task of securing Kigali and creating
the necessary conditions for the formation of a transitional government. Stage The second
phase will take 90 days with the main task of demobilization and integration of the armed
forces and national police (Gendamerie). In the third phase, taking nine months, the
integration of the Rwandan armed forces will be completed and their strength reduced to
1,240 personnel. In the final phase, which will last four months, the UN mission will be
reduced to a force of 930 military personnel with the task of helping to secure the necessary
climate in the final stages leading up to the elections.
Based on the humanitarian principle that human beings have an equal right to life,
which is the moral basis for intervention, the UN's intervention in the Rwandan conflict was
also justified by reference to Chapter VI, Chapter VII, Article 55 of the UN Charter and a
number of UN Security Council resolutions and mandates. During the period between
October 1993 and July 1994, the UN Security Council had issued a number of resolutions and
mandates related to the conflict in the country.19 Based on Resolution No. 812, the UN will
support efforts to maintain peace and security in the Rwanda region, especially to prevent
conflict from recurring. Then the UN established the United Nations Observer Mission
Uganda- Rwanda (UNOMOR) through Resolution Number 846 to examine the situation there
for six months. After that, through Resolution 87220 (1993), the UN Security Council
unanimously established UNAMIR, a 2,500 personnel peace keeping force to maintain peace
in Rwanda.
The peacekeeping force in Rwanda can at least help restore order and reduce the loss of
life again. Because the purpose of humanitarian intervention is to minimize the violence and
try to make the peace and security process work. If the violence continues, then the only way
is to minimize casualties by saving the weak, usually the civilian population. Attacks on
civilian non-combatants can bring the perpetrators to the International Court of War Crimes
for prosecution.
Conclusion
Based on the discussion and description of the facts that have been done previously, the
following conclusions can be drawn:
International legal instruments explicitly state that the principle of non-intervention is
one of the fundamental principles of international law. This can be seen in Articles 1
(1), 2 (4),
(7) UN Charter. However, humanitarian intervention does not violate a state's political
freedom. It only aims to restore human rights to a country. Every country and its people
still have political freedom. The regulation of humanitarian intervention is contained in
the UN Charter which is regulated in Article 2 paragraph (4), Article 24, Article 25,
Article 26, Article 33, Article 34, Article 39, Article 40, Article 49, Article 50, and
Article 51. In addition, intervention also gets its legitimacy based on general principles
such as the principle of humanity and the principle of human rights law, namely the
principle of equality; and
Humanitarian intervention can be carried out by the UN through the Security Council.
The Security Council conducts humanitarian intervention through fact-finding,
diplomacy, and the use of military force. The Security Council appoints fact-finding
missions to investigate and report on alleged violations of international law, these
missions can also provide early warning of humanitarian crises and negotiate with the
leaders of the country where the crisis is taking place to find ways to resolve it, and the
use of military force to deal with urgent and actual mass violence. The use of military
force should be a last resort when a state is deemed to have failed to protect its citizens
and when peaceful means have also failed.
