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All Journal Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum
Hetharie, Brandon Tanner
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Law, Crime, Criminology & Criminal Justice

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Legalitas Invasi Militer Terhadap Kedaulatan Teritorial Negara Dan Pertanggungjawabannya Hetharie, Brandon Tanner; Kainama, Marthinus; Wattimena, Josina Augustina Yvonne
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2126

Abstract

Introduction: Military invasion is the act of deploying a country's armed forces into the sovereign territory of another country with the aim of controlling, replacing the existing government, taking part of the territory and even helping the region to secede from its parent country. In reality, military invasions are often carried out, such as Russia's military invasion of Ukraine in 2022.Purposes of the Research:  The purpose of this study is to examine and find out the legality of military invasions against state territorial sovereignty and its responsibility.Methods of the Research: This research is a normative juridical research is a document study (using legal sources such as laws and regulations, court decisions, legal theories and / or opinions of scholars). In simple terms, this type of research is also called doctrinal legal research, literature or document studies.Results of the Research: The results of this study show that the legality of military invasion of a country's territorial sovereignty is not justified in international law. The regulation of military invasion is recognized as an act of aggression stipulated in article 3 of UN General Assembly Resolution 3314 and reinforced as a crime of aggression in article 8 bis paragraphs 1 and 2 of the Rome Statute. Military invasion is also a violation of a country's sovereignty based on the UN Charter article 2 paragraphs 1 and 4, Kellog-Briand pact, Declaration on Rights and Duties of States. If a military invasion leads to war, it must be subject to the provisions of jus war. The form of state responsibility for acts of military invasion of a country's territorial sovereignty is in the form of satisfaction (submission of a memorandum of apology) to the injured state followed by the withdrawal of armed forces with a guarantee that it does not repeat the action and makes compensation in the form of giving a sum of money or compensation is not a sum of money known as nonpecuniary.
Kehendak Negara dalam Perjanjian Internasional Hetharie, Brandon Tanner; Wattimena, Josina Agusthina Yvonne; Daties, Dyah Ridhul Airin
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.47155

Abstract

Background: International cooperation through treaties establishes legally binding obligations for states that have expressed their consent to be bound under international law. In practice, however, the exercise of state will as an expression of sovereignty often comes into tension with these binding legal norms. In this context, what is often perceived as a disregard for treaty compliance does not indicate the absence of binding legal force, but rather reflects juridical tensions between treaty obligations and the exercise of state will.This study examines how state will operates within the framework of treaty compliance and influences the binding legal force of international treaties. Methodology: This research uses a normative juridical method with statutory, case-based, and conceptual approaches. Data were collected from primary, secondary, and tertiary legal materials through literature review and analyzed qualitatively and descriptively. Objectives: The study aims to analyze the binding legal force of international treaties and to examine the juridical tensions that arise when state will conflicts with treaty compliance and implementation. Findings: The binding force of international treaties constitutes a complex legal construction that cannot be fully understood through a purely legalistic approach. A multidimensional analysis incorporating juridical, philosophical, sociological, and theoretical perspectives demonstrates that state compliance with international treaties is shaped not only by legal obligation, but also by domestic political dynamics and strategic national interests. In practice, these factors generate an asymmetry of state will in treaty compliance, whereby disparities in political power and legal capacity allow stronger states greater flexibility than developing states.Originality/Novelty: By situating state will within the juridical framework of treaty compliance, this study offers a contemporary legal analysis of how binding treaty obligations interact with political realities in modern international law.
Co-Authors Dyah Ridhul Airin Daties Kainama, Marthinus Wattimena, Josina Agusthina Yvonne Wattimena, Josina Augustina Yvonne