PENEGAKAN HUKUM ATAS PELANGGARAN HUKUM PERANG YANG DILAKUKAN RUSIA TERHADAP PENDUDUK SIPIL DI SURIAH MENURURT HUKUM HUMANITER INTERNASIONAL (STUDI KASUS SERANGAN RUSIA TERHADAP PENDUDUK SIPIL SURIAH)

Abstract

Article 51 of the Geneva Convention states that the civilian population and civilians must receive protection not to be the target of attack,This convention aims that everyone who is a victim of a terror threat is protected following the Geneva Convention of 12 August 1949. The formulation of the problem is: (1) How is it enforced the law for international humanitarian law violations? (2) Juridical study of law enforcement for violations of war law committed by Russia in Syria ?. In this study, the authors used a normative legal research type. Consists of the materials used are Primary and Secondary materials. The data collection technique was done by using library research; the data were analyzed qualitatively. The conclusions of the research results: (1) Law enforcement for violations of International Humanitarian Law is regulated in the Criminal Tribunal For the Former Yugoslavia (ICTY), Rome Statute 1998, International Criminal Court (ICC). However, the Syrian state is not a participant country that ratifies the international criminal tribunal. It does not mean that Russia's war crimes against Syrian civilians cannot be tried through the International Criminal Court because all citizens are under the International Criminal Court jurisdiction. (2) The juridical study of law enforcement for violations of the laws of war committed by Russia in Syria is regulated in the Geneva Conventions of 1949, in Article 49, Article 50, and in Additional Protocol II 1977 contained in Article 85 and Article 86, in settlement of law enforcement for violations. It is said that the law of war has not run optimally. There are difficulties, namely the United Nations' failure to impose sanctions on Russia as the owner of Veto Rights, Non-Governmental Organizations in the international field can play an essential role in protecting war victims based on the Responsibility to Protect. The resolution aspect is through a gentle approach or a challenging approach. So the immunity against the law which is owned by the top government officials does not apply.