KAJIAN HUKUM HUMANITER INTERNASIONAL TERHADAP AGRESI MILITER NATO DALAM PERANG KOSOVO

Tamtomo, Ruben Condro Lukito (2008) KAJIAN HUKUM HUMANITER INTERNASIONAL TERHADAP AGRESI MILITER NATO DALAM PERANG KOSOVO. S1 thesis, UAJY.

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Abstract

Kosovo war is a war between NATO Serbian when at that time was under the rule of President Slobodan Milosevic. Kosovo is one of the provinces of Serbia which has majority domination of Albanian ethnic. Previously, Kosovo is a province with full autonomy right, but when Slobodan Milosevic became the president, that right was resisted, and made Kosovo be under the direct rule of Belgrade (The capital of Serbia). That rescission triggers rejection and rebellion of people of Kosovo particularly Albanian ethnicity. They demanded freedom from Serbian. Internal conflict between Kosovo rebels and Serbian Military attains its peak when Rancak Massacre occurred. There was a genocide indication that had been done by Serbian to the Albanian people in Rancak Kosovo. Rancak Massacre forced international society to take action to stop and solve the conflict in Kosovo. Concatenation of negotiation process had been taken into action, but still it could not make Milosevic withdrew his military army in Kosovo. Eventually, NATO as a Defence International Organization did their military aggression in Serbia. NATO's purpose was to force Milosevic to withdraw his military army in Kosovo and replaced it by International peacekeeping Force army. The involvement of NATO in Kosovo war made Humanitarian Law was fully applied in this conflict. Humanitarian law is an International law that peculiarly regulating wars. It begins from how to start a war, method and war equipments, and legal target in war. The purpose of Humanitarian law is to protect Human rights and Humanity, particularly civilians that reside in war area. This Law is written in attempt to investigate and is based on juridical doctrinaire of Humanitarian law concerning NATO military aggression in Kosovo war, from NATO basic legal and procedure to do intervention in Kosovo war until method that has been used by NATO to do their military mission. Did NATO already do that Humanitarian law based? Result of this written found that eventhougt NATO military aggression was justifiable based on Humanitarian law, NATO did not following the procedure of International Law. NATO also violated Humanitarian law because which military aggression caused a lot of civilians victims.

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