Abstrak :
The Settlement of disputes in international law is divided into two peaceful and violent
settlements. Intervention is a method of violent dispute resolution that is prohibited in the
UN Charter because it is resolved by interfering with other state domestic problems without
permission, and violating the sovereignty of the state concerned. In 2014 the Iraqi
government submitted a foreign intervention by invitation to help in fighting Islamic State of
Iraq and Syria (ISIS).
This study aims to determine the intervention arrangements according to international
law and analyse the legality of the intervention by invitation carried out by Iraq to help in
fighting ISIS in 2014. The research method used in this research is normative juridical by
using statutory, analytical, and legal approaches case. The data used is secondary data with
data collection methods based on literature studies which are then presented in the form of
systematic, logistical and rational description by using qualitative analysis method.
Based on the results of the research and discussion shows that intervention as a
method of resolving disputes by force and violence is prohibited in the UN Charter contained
in Article 2 paragraph 4 and Article 2 paragraph 7. The intervention has various form one
of the forms is intervention by invitation. Furthermore, in Article 51 of the UN Charter there
are exceptions to interventions that are allowed in international law, i.e.: collective
intervention in accordance with the UN Charter, intervention to protect the rights and
interests and safety of the lives of citizens abroad, self-defense if the purpose of the
intervention is necessary to eliminate the real danger of armed attack, in the affairs of the
protectorate under its control, when the state that is the subject of the intervention is blamed
for committing a gross violation of international law regarding the intervening state.
Intervention by invitation is further regulated in Article 20 and 26 Articles on Responsibility
of States for Internationally Wrongful Acts ARSIWA. The United States intervened based on
a request from Iraq through a letter delivered directly to the UN Security Council (UN Doc.
S/2014/440) as well as reinforced by UN Security Council Resolution 2170 (2014) and
Security Council Resolution 2178 (2014).
Keywords: intervention, sovereignty, ISIS, international Law
|