SETTLEMENT OF INTERNATIONAL DISPUTES AMERICAN EMBASSY ATTACK IN LIBYA

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.



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



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.



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



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



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.



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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SETTLEMENT OF INTERNATIONAL DISPUTES AMERICAN EMBASSY ATTACK IN LIBYA