Kedaulatan Negara vis a vis Keistimewaan dan Kekebalan Hukum Organisasi Internasional dalam Sebuah Intervensi Kemanusiaan

Abstract

The development of international organization that began with the recognition of its variations around 1945 was known as one of the development of international law that opens new international rules, and the most often debated aspect is about the provision of privileges and immunities. The emergence of the doctrine of Responsibility To Protect makes the theoretical foundations of international law which has been generally accepted for many centuries become more fragile. The biggest problem is clearly at the level of state sovereignty. International Organizations that developed activities brought by state’s interest, clarify the polemic of the acceptance of a humanitarian intervention. This paper aims to discuss the challenges of international organizations in a humanitarian intervention dealing with these states, and deliver the urgency of a privilege and immunities to them.. By using normative legal research method, this study concluded that the indication of the weakening of the sovereignty, which is reflected for example in the doctrine of the Responsibility To Protect, will not necessarily add to the opposition to the traditional concept of absolute sovereignty, but it will provide possibilities for some countries to project its sovereignty and interests globally. By re-formulate the concept of sovereignty to a relational sovereignty, and the bigger the role of international organizations in the international community as a treaty-makers as well as law-makers, then the privilege and immunities to an international organizations should be applied to assure its functions. ?Alamat