PENGARUH PENGGUNAAN PRE-EMPTIVE SELF DEFENSE IN WAR YANG DIGUNAKAN OLEH NEGARA YANG SEDANG BERKONFLIK UNTUK PENGECULIAN DALAM TANGGUNG JAWAB HUKUM INTERNASIONAL (Studi Kasus : Pasukan Türkiye Menyerang Kaum Khurdis)

Abstract

Self-defense is the right of self-defense granted by the UN Security Council
contained in Article 51 of the UN Charter. This right can be used by a state in
order to defend itself from an attack from another country. It is well known that
the development of theories about state self-defense rights has overridden the
concepts of anticipatory self-defense and pre-emtive self-defense that override the
provisions requiring armed attacks before state self-defense rights arise. Article
51 of the UN Charter clearly states that the right to self-defense of UN member
states, individually as well as collectively, only arises "if an armed attack occurs".
Thus a new state can exercise its martial rights if it has happened or is happening.
Normative Legal Research Methods use normative juridical approach
methods. The normative approach in juridical is an approach that refers to the
applicable laws and regulations. Furthermore, normative legal research is a type
of legal research methodology that bases its analysis on applicable laws and
regulations and is relevant to the legal issues that are the focus of the research.
Topics of legal issues that are relevant to be researched using Normative Legal
Research Methods, including regarding; Intentarization of positive law, legal
principles, etc.
The results of the research that have been obtained prove that first ; there is
a lot of neglect of the use of this principle by many countries which has resulted in
many violations that have been committed by the State. Meanwhile, the original
purpose of making this principle according to the provisions of Article 51 of the
UN charter was to protect the entity of a state against threats that would arise
from outside that resulted in destruction and danger within the state itself.

Keywords : State Accountability - Armed conflict - Preemtive of State Self-
Defense