Analisis Tanggung Jawab Negara terhadap Negara Pihak Ketiga Atas Penggunaan Senjata Space-Based Missile Interceptor sebagai Bentuk Upaya Self-Defense Ditinjau dari Hukum Internasional

Abstract

The purpose of this research is to analyze and understand the legal provisions for a state that uses Space-Based Missile Interceptors as a means of self-defense under international law. It also aims to examine the form of state responsibility for the use of such weapons in self-defense, including the responsibilities shared with the state that initiated the attack, should it result in harm to third-party states, based on international law. Additionally, the research explores the process of seeking compensation by third-party states that suffer damages due to the use of Space-Based Missile Interceptors as a means of self-defense. This research is a normative juridical study with a descriptive-analytical approach. The research employs a statutory and historical approach. The data used in the study is secondary data, which includes primary, secondary, and tertiary legal materials. Data collection is conducted through literature review techniques using document study tools, and the data is subsequently analyzed qualitatively. The research findings indicate that the use of space-based missile interceptors for self-defense can be considered legal if it meets the conditions for self-defense as stipulated in Article 51 of the UN Charter and the conditions for pre-emptive self-defense as recognized in customary international law. The party responsible for any damages suffered by third-party states due to a state's use of space-based missile interceptors in self-defense is the state that initially carried out the attack, thereby posing a threat to the state possessing the space-based missile interceptor. Every state has the right to receive compensation for damages resulting from violations of international law by another state. The process of seeking compensation can follow the procedures outlined in the 1972 Space Liability Convention, and if the responsible party fails to act in good faith in providing compensation, further actions may be taken by the UN Security Council under Article 41 of the UN Charter.