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

Kevin Kohler, Irawati Irawati

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.

Keywords


armed conflict, Indiscriminate attack, state responsibility.

References


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Ademola Abass, International Law; Text, Cases and Materials, Second edition, Oxford University Press, UK, 2014

Arlina Permanasari, Aji Wibowo, et all, 1999, Pengantar Hukum Humaniter, International Committee of the Red Cross, Jakarta.

Mochtar Kusumaatmdja, Etty R. Agoes, Pengantar Hukum Internasional, Cet – 1, P.T Alumni, Bandung, 2003.

Robert Kolb, Richard Hyde, An Introduction to the International Law of Armed Conflict, Hart Publishing, North America, 2008

B. Instrumen Hukum

Draft Article Responsibility of States For Internationally Wrongful Acts 2001.

Draft articles on Responsibility of States for Internationally Wrongful Acts with commentaries 2001, General Commentary.

Protokol Tambahan I Konvensi Jenewa 1977.




DOI: http://dx.doi.org/10.29313/.v0i0.6650

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