Alternatif atas Pemberlakuan Hukum Humaniter Internasional dalam Konflik Bersenjata Melawan Islamic State of Iraq and Syria
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 3
Abstract
Recently, there is a shift in armed conflict in the world from the conflicts among states or between state and belligerent into the conflict which happened across nations’ border, such as the Islamic State of Iraq and Syria (ISIS). The ISIS is a non-state actor, which consequently means that the conflicts cannot be properly categorized into international armed conflict. As the consequence, the international humanitarian law cannot be put into practice. The alternative solution is to apply the Martens Clause by paying an ultimate appreciation of fundamental principles of international humanitarian law for the sake of humanity and human rights.
Authors and Affiliations
Ayub Torry Satriyo Kusumo, Kukuh Tejomurti
Keywords
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