THE DIFFICULTIES IN THE IMPLEMENTATION OF HUMANITARIAN INTERVENTION: THE ROHINGYA CASE
Abstract
Humanitarian intervention is an attempt to stop and prevent the occurrence of gross human rights violations with certain powers in a State, whether by consent or without the consent of the State itself. The United Nations Charter prohibits humanitarian intervention in any countries thus it is a dilemma and difficult for international community to do humanitarian intervention. In the Rohingyas case, humanitarian intervention could successfully be carried out after having authority from the United Nations Security Council. This study tries to reveal the dilemmas and difficulties faced by humanitarian agents before receiving authority from the council. The methodology used in this research is normative legal research often called as legal studies. The research uses statute and case approaches. The results show some inhibiting factors that make it difficult to provide humanitarian aids to Rohingya. Among the difficulties are Security Council authorization, Doctrine of International law, Ambiguity of International Human Rights Law, Controversy and confusion on the Humanitarian intervention, and Long time and high cost, Dilemmas on normative and international relations practices. It can be concluded that the state may allow conducting the humanitarian intervention in order to create peaceful and welfare in Rohingya. However, the humanitarian intervention must be done with the appropriate general instructions of UN. The researcher suggests for stopping the violations in Rohingya, because the people have been tortured since 1982. It is necessary to do a comprehensive approach that also meets the sense of justice, concerns about welfare and social justice issues other than security.