Perlindungan Hak untuk Hidup sebagai Norma Jus Cogens dalam Penembakan Pesawat Udara Sipil Menurut Hukum Internasional.
PROTECTION OF THE RIGHT TO LIFE AS JUS COGENS NORM ON THE
SHOOTING DOWN OF CIVIL AIRCRAFT ACCORDING TO INTERNATIONAL
LAW
Universal Declaration of Human Rights (UDHR) and International Covenant
on Civil and Political Rights (ICCPR) categorize the right to life as one of jus cogens
norm, which must. States have the obligation to protect every individual’s rights
within their jurisdiction, including the right to life. Even in countries which have not
abolish death penalty, the penalty can only be imposed for the most serious crime
and pursuant to a final judgment rendered by a competent court. On the other hand,
some States deliberately legitimize the deprivation of the right to life through the
shooting down of civil aircraft. After the attack on the twin towers of the World Trade
Center, the country's reaction to the shooting of a civilian aircraft was further
softened; Vice President of the United States, Dick Chenney, States have been
ordered to shoot a civilian aircraft in the attack on 11 September 2001; Likewise with
Tony Blair who ordered the shooting of civilian aircraft which was hijacked; even
Russia and India published legislation on shooting civilian aircraft.
Author uses research method with juridical normative approach. Research
method to collect the data are literature study and data used in this research is
primary legal materials and secondary legal materials. Those data then used to
describe a problem object in the form of synchronization facts occured with the
prevailing laws.
Based on the research and study, Author can conclude that the right to life
which is a jus cogens norm could not be derogated at all reasons, including selfdefense, military necessity and article 3bis(a) Chicago Convention 1944. And the
legal implication of conducting State is to give restitution as a form of responsibilites
as it is stated in ILC Articles on State Responsibility.
SHOOTING DOWN OF CIVIL AIRCRAFT ACCORDING TO INTERNATIONAL
LAW
Universal Declaration of Human Rights (UDHR) and International Covenant
on Civil and Political Rights (ICCPR) categorize the right to life as one of jus cogens
norm, which must. States have the obligation to protect every individual’s rights
within their jurisdiction, including the right to life. Even in countries which have not
abolish death penalty, the penalty can only be imposed for the most serious crime
and pursuant to a final judgment rendered by a competent court. On the other hand,
some States deliberately legitimize the deprivation of the right to life through the
shooting down of civil aircraft. After the attack on the twin towers of the World Trade
Center, the country's reaction to the shooting of a civilian aircraft was further
softened; Vice President of the United States, Dick Chenney, States have been
ordered to shoot a civilian aircraft in the attack on 11 September 2001; Likewise with
Tony Blair who ordered the shooting of civilian aircraft which was hijacked; even
Russia and India published legislation on shooting civilian aircraft.
Author uses research method with juridical normative approach. Research
method to collect the data are literature study and data used in this research is
primary legal materials and secondary legal materials. Those data then used to
describe a problem object in the form of synchronization facts occured with the
prevailing laws.
Based on the research and study, Author can conclude that the right to life
which is a jus cogens norm could not be derogated at all reasons, including selfdefense, military necessity and article 3bis(a) Chicago Convention 1944. And the
legal implication of conducting State is to give restitution as a form of responsibilites
as it is stated in ILC Articles on State Responsibility.