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7/28/2019 SETTLEMENT OF INTERNATIONAL DISPUTES AMERICAN EMBASSY ATTACK IN LIBYA
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SETTLEMENT OF INTERNATIONAL DISPUTES AMERICAN EMBASSY ATTACK
IN LIBYA
By: RENDY IVANIAR, SH
CHAPTER I
INTRODUCTION
1.1BACKGROUND
In the current international environment no country can insulate itself against foreign
influence or the influence of other countries. Each country need each other to meet the needs of
the country. To achieve what the interest and desire of the country to another country, the need to
encourage cooperation among countries both bilaterally and multilaterally. So that other
countries require a large embassy country where they do such cooperation in order to facilitate
any agreement made. But lately we often hear other States embassy attack by unscrupulous
people. Though the State where the embassies are obliged to protect, as set out in article 29 of
the Vienna Convention on Diplomatic Relations Concerning. The article reads:
"Diplomatic officials must not be contested. He should not be arrested and subject to
arrest. Recipient countries should attentio [erlakukan with respect and shall take all
appropriate measures to prevent attacks on self, independence and dignity. "
Libyan security forces yesterday arrested four people suspected perpetrators of the attacks
on the United States consulate (U.S.) in Benghazi on Tuesday (11/9). According to the chairman
of the parliamentary adviser to Libyan officials, Monem Elyasser, suspects arrested were not
directly related to the attack that killed Ambassador (Ambassador) the U.S. to Libya Christopher
Stevens and three other U.S. citizens. Unfortunately, he did not release the identity or the
involvement of the four suspects.
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In the incident on Tuesday (11/9), two of four U.S. citizens who died is a former member
of the U.S. Navy's elite forces, SEALs, identified as Tyrone Woods and Glen Doherty. The other
deaths were information management officer, Sean Smith. The U.S. consulate in the city of
Benghazi burned gunmen carrying grenades roket.Kekerasan in Benghazi followed protests in
Egypt against a film which was considered insulting Islam made U.S. citizens.
Results of the investigation while U.S. and Libyan authorities demonstrate, the U.S. consulate
attackers carried out in a coordinated manner and the possibility of an armed rebel group. So far
no group has claimed responsibility for the attack. Libyan Deputy Interior Minister Wanis al-
Sharif said it was too early to tell whether those arrested were related group or organization.
New Libyan Prime Minister Mustafa Abu Shaqur said that investigations into the case continues
to progress. He asserted that if one person was arrested first and evolved into three other people
who successfully secured. "Evidence obtained from the investigators at the scene image and the
testimony of the witnesses," he said. Abu Shaqur stated, the attack on the U.S. consulate as a
criminal act.
He said the anger against the movie which was considered insulting Islam can not be used
as justification for the attack. "Some people do not understand that attacking the film's case had
nothing to do with the U.S. government," he told the BBC. While, Nakoula Basseley Nakoula,
55, an Egyptian who lives in California, yesterday said he did not regret having made films that
disparage Islam.
"I am saddened by the murder of the ambassador, but I was not disappointed as the film,"
said Nakoula to radio Sawa. He claimed to be the person who leaked the footage lasts 14 minutes
and spread on the internet. "I think for the movie release keseluruhan.Tidak Nobody
manipulating my film," said Nakoula. When asked if he felt guilty about the violence that is
directly geared to U.S. citizens? Nakoula said that he felt guilty. The movie has sparked a wave
of anti-US protests in the Middle East with the demonstrations in Egypt continues. Riots between
police and demonstrators continuing since Tuesday (11/9) demonstrators consisting of young
children often pelted police and the U.S. Embassy building in Cairo with stones.
Police responded by firing tear gas. Previous demonstrations that led to riots on Thursday (13/9)
injuring 224 people. The Muslim Brotherhood (Muslim Brotherhood / IM), the largest political
organization in Egypt, has called for peaceful protests after Friday prayers. Egyptian President
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Mohammed Mursi also advised its citizens to remain calm. In Yemen, anti-government groups
called for a demonstration yesterday.
Action was carried out after four people were shot dead by police during a demonstration
at the U.S. Embassy in Sanaa. Previous protesters stormed the front of the office of the U.S.
embassy in Sanaa on Thursday (13/9). In Lebanon, one demonstrator was killed and 25 others
were injured after protesters clashed with security forces during anti-US action film that
triggered anti-Muslim assessed.
In Jordan, Salafi activists also staged a demonstration in Amman. It is also spread across
the Middle East and Asia, from Bangladesh, Iran, Iraq, Gaza, Kuwait, Sudan, and Tunisia.
Meanwhile, the U.S. yesterday began to increase security around diplomatic facilities following
an anti-US demonstrations intensified in the Middle East and North Africa as well as other
Muslim countries. White House confirms, security has been increased at U.S. diplomatic
missions around the world. "We continue to closely monitor developments that could trigger
more protests," said White House spokesman Jay Carney said.
1.2 THEOLOGICAL PROBLEM
1. Who is eligible to catch the perpetrators of the U.S. embassy in Libya?
2. How do international dispute resolution to resolve the case of the U.S. embassy in
Libya?
1.3 PURPOSE OF WRITING
1. To analyze and describe the right to catch the perpetrators of the U.S. embassy in Libya.
2. Way to analyze and international dispute resolution to resolve the case of the U.S.
embassy in Libya.
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CHAPTER II
DISCUSSION
2.1 Eligible participants Capturing Attacks U.S. Embassy In Libya
In article 29 of the Vienna Convention of Diplomatic Relations Concerning. The article
reads:
"Diplomatic officials must not be contested. He should not be arrested and subject
to arrest. Recipient countries should attentio [erlakukan with respect and shall take
all appropriate measures to prevent attacks on self, independence and dignity. "
Also explained very firmly in article 40 of the Vienna Convention on Consular Relations says:
"The receiving State shall treat consular officers with respect and shall take
appropriate steps to prevent any attack on his personal self, freedom and dignity."
Of some basic laws above we can conclude that the receiving State has the obligation to
protect diplomatic and consular officers officials from both physical and mental assault. It all
makes sense given the more possessed receiving State security forces to secure embassies and
other State is within its territory. Events that occurred in Libya during the attacks the U.S.
embassy is very unfortunate indeed. Lack of response of the Libyan government to prevent it
entirely would be the responsibility of the charter Libyan government. As we are familiar with
the principles of the criminal law, namely the principle of territorial.
National territorial principle of criminal law is the law of national criminal law applies to
all criminal acts that occurred in the territory of the State, either by its own citizens or foreign
nationals of a country's sovereignty in the region. Territory of a country include: land, air above
the ground, and the territorial waters (according to international conventions concerning the
boundaries of the territory of a State). Based on the territorial principle, any crime that occurred
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in the region of a country, the state has the right to prosecute any crime that happens in the area
of territorial.
As a result of the enactment of this principle of territorial authorities to arrest and
prosecute the perpetrators are themselves Libyan government. Libyan government shall catch the
perpetrators because the attack events in the territory of the country, and the Libyan government
to administer fairly through the trial itself is not an international criminal court (ICC).
capacity to deal with problems ICC crimes that have the potential to damage the relationship
between the State and the international community life threatening. Includes the following
crimes:
1. The crime of genocide (genocide)
2. Crimes against humanity (crimes against humanity)
3. War crimes (war crimes)
4. The crime of aggression (crimes of aggression)
2.2 How To Solve Dispute Resolution International Case Attack U.S. Embassy In Libya
In the interaction between man and the State sesame, conflicts and disputes are
commonplace happening, in terms of the context of public international law, disputes can be
defined as one of the subjects of disagreement about facts, law, or policy that subsequently
denied by the other party or the ketidfaksepqakatan about matter of law or the facts, or the
interpretation Atua conflict of interest between two different nations.
International dispute resolution broadly divided into two types, namely (1) the Dispute
Resolution and Violence (2) Peaceful Settlement of Disputes. But to resort to violence like war
and invasion is not recommended to be used again since the birth of "The Hague Peace
Conference in 1899 and 1907, which resulted in the Convention on the Pacific Settlement of
International Disputes, 1907.
But because it is simply not binding convention rekomendatif and it does not have the
power to force states to ban violence as a method of dispute resolution. Settlement of disputes
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with violence still frequently performed primarily in large countries like the U.S. that do violence
infasi to Afghanistan and Iraq.
And what about the kasusu attack the U.S. embassy in Libya? Are Americans also have to
use violent means to send troops to Libya to arrest the attackers? Of course it would violate the
sovereignty of the Libyan state. The most appropriate dispute resolution is to be done through
peaceful settlement senketa.
Peaceful settlement of disputes can be done by both parties to memalui State or the United
Nations. The UN is an international organization that p [protective authority recognized by the
State in the world today. Peaceful settlement of disputes is described in Article 33 of the UN
charter that outlines how the peaceful settlement of disputes, including: (1) Negotiation, (2)
Research, (3) Mediation, (4) Konsilisasi, (5) Arbitration, (6) the Court International, (7)
Organization / Regional bodies. Of seven peaceful settlement of disputes can be grouped into
two kinds, namely through law and through diplomacy / politics.
If you look and analyze the incident and the settlement is done in the case of the twitch of
the U.S. this way of solving used by Libya and the United States through investigation and
negotiation. With the principle of Libyan territory and the obligation to protect the Libyan
government Sender State shall conduct an investigation into the case, so clearly the principal
case and who was responsible. decomposition of the facts later investigations disampaiakan to
both sides so it can be used as a negotiation.
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CHAPTER III
CLOSING
3.1 CONCLUSION
1. That the right to arrest the perpetrators is based on the principle of territorial Libyan
government and the Libyan obligation to protect the sending State.
2. Means of dispute resolution that can be taken in this case is by way of peaceful
settlement. Ie by way of investigation and negotiation.
3.2 SUGGESTIONS
The Americans are not supposed to send warships to Libya because the Libyan embassy in the
amount attacked by a group of persons, because it will invite greater problems.
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