STATUS HUKUM PIHAK-PIHAK YANG BERTIKAI DALAM KONFLIK BERSENJATA DI SURIAH BERDASAR HUKUM HUMANITER INTERNASIONAL

LATUPUTTY, MARCELINO HERYANTO (2016) STATUS HUKUM PIHAK-PIHAK YANG BERTIKAI DALAM KONFLIK BERSENJATA DI SURIAH BERDASAR HUKUM HUMANITER INTERNASIONAL. S1 thesis, UAJY.

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Abstract

Syrian armed conflict, which began in March 2011, has caused a lot of harm both physically and materially. According to UN reports, until August 2015 Syria conflict death toll has reached 250,000, and is expected to continue to grow given the peace agreement has not been reached to resolve the conflict to this day. The complexity and intensity of the conflict every day increasing it difficult to strike a peace deal to resolve the conflict. The number of parties involved directly in the Syrian conflict, both from the government armed forces, the armed forces of nonstate (non-state entity), as well as the strength of foreign regional and world perspectives and interests are different in the conflict in Syria, making it difficult to distinguish between legitimate Combatant based on International Humanitarian Law and Civilian in the Syrian conflict. International Humanitarian Law, according to Mohammed Bedjaoui, which aims to humanize the war trying to provide protection against a wide range of individual during armed conflict, both of international and non-international armed conflicts, as well as the armed conflict in Syria. In this legal writing, the researcher tries to examine and analyze the legal status of the warring parties in the armed conflict in Syria based on International Humanitarian Law, as well as a form of protection that can be given International Humanitarian Law against them, using normative legal research methods and literature. The data used is the primary legal materials consisting of the 1907 Hague Conventions on means and method of warfare, the 1949 Geneva Conventions on the protection victims of war and the 1977 Additional Protocols I and II, as well as secondary data which consists of books, journals, articles, theses, internet-related research topics, and dictionary. Based on the results of research and analysis, the researcher concluded that it is categorized as a combatant based on International Humanitarian Law in Syrian armed conflict is the government armed forces, Syrian Armed Forces and the National Defence Forces, Lebanesse Hezbollah joined the government armed forces, and the Southern Front Forces as a party participants non-state entity, so that they automatically enjoy the right privileges as a combatant. While the group identified as terrorist is Iraqi and other Shia militias, Al-Nusra Front, and ISIS, so it will automatically be prosecuted as a criminals when arrested. While the Kurdish Democratic Unity Party (PYD) and the Popular Protection Units (YPG) although it can be categorized as other organized armed groups but do not enjoy the right privileges as a combatant.

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