KAJIAN YURIDIS PERLINDUNGAN TERHADAP KAPAL KEMANUSIAAN DALAM BLOKADE LAUT OLEH ISRAEL TERHADAP PALESTINA MENURUT HUKUM HUMANITER INTERNASIONAL (STUDI KASUS : KAPAL GLOBAL SUMUD FLOTILLA)

Abstract

ABSTRACT

This study is motivated by the discrepancy between international legal norms (das sollen) governing the protection of civilian objects and humanitarian assistance in armed conflict and the reality (das sein) reflected in the interception of the Global Sumud Flotilla during the naval blockade of the Gaza Strip by Israel. International Humanitarian Law establishes the principles of distinction and proportionality as fundamental safeguards for civilians and humanitarian objects. However, in practice, debates remain regarding the differentiation between humanitarian vessels and military logistics ships.The research questions are: (1) how are the principles of distinction and proportionality applied in the interception of humanitarian vessels, and (2) whether such actions are consistent with International Humanitarian Law. The objective of this research is to analyze the legality of the blockade and interception measures under applicable international law.This research employs a normative legal method using statutory and conceptual approaches. Data collection techniques consist of library research, including international conventions, legal doctrines, and scholarly literature. The data are analyzed qualitatively through legal interpretation.The findings indicate that while a state has the right to impose a blockade and inspect vessels, such authority is limited by the obligation to respect humanitarian assistance and must not result in excessive suffering to civilians. In conclusion, the classification of vessels must be based on objective evidence and remain subject to the principles of distinction and proportionality.