KAJIAN YURIDIS PERLINDUNGAN TERHADAP WARISAN BUDAYA DALAM KONFLIK BERSENJATA RUSIA-UKRAINA MENURUT HUKUM HUMANITER

Abstract

The protection of cultural heritage in armed conflict is an important issue in international humanitarian law, considering the destructive impact caused by conflict. The armed conflict between Russia and Ukraine that has been ongoing since 2014 and peaked again in 2022 has caused major damage to civilian infrastructure, including cultural heritage sites that have high historical value and national identity. The aim of this research is to assess the legal protection of cultural heritage within this setting. conflict based on the provisions of Internastional Humanitarian Law, in particular the 1954 Hague Convention and its Protocols, as well as relevant customary International Law. The issues examined in this research include: (1) What is the form of protection of cultural heritage during armed conflict according to International Humanitarian Law? and (2) How is the protection of cultural heritage in the Russia-Ukraine conflict? The study uses a normative legal approach to legal principles and court decisions with secondary data sources which consists of primary, secondary, and tertiary legal materials with data collection techniques through document study analyzed qualitatively. The results of the study indicate that: (1) the international legal framework has provided a strong basis to safeguard cultural objects and sites, in armed conflicts occurring at the international level as well as within a state. However, in practice, various violations of the principles of respect and safeguarding still occur, including attacks on historical heritage and the devaluing of cultural sites for military purposes. (2) These actions, if carried out deliberately and systematically, can be classified as war crimes as specified in the Rome Statute of the International Criminal Court. Therefore, it is necessary to strengthen international law enforcement mechanisms, increase education for military personnel, and international cooperation in the renewal and safeguarding of cultural heritage that gives rise to conflict