Implementation of Distinction Principle in Syria Armed Conflict According to International Humanitarian Law

Abstract

This research is motivated by the concern of civilians casualties in Syria armed conflict. This research was purpose to find out whether in Syria armed conflict occurred indiscriminate attack regarding international humanitarian law or not, and to find out the form of state responsibility that caused by indiscriminate attack. This research uses normative juridical approach.. Based on the result of discussion and research, the Syrian – Russian airstrike in Aleppo, by doing airstrike in indiscriminate way, could categorized as Indiscriminate Attack according to article 51 (4) and 51 (5) additional protocol I Geneve Convention 1977. The state responsibility form that occurred by Indiscriminate Attack in Syrian armed conflict are Cessation and Non – Repetition and Reparation, based on article 30 and 31 Draft Articles on Responsibility States for Internationally Wrongful Acts 2001. In international humanitarian law, the state responsibility form that should be done is Compensation, according to article 91 additional protocol I Geneve Convention 1977.