Pemberlakuan hukum humaniter internasional terhadap the Islamic state of Iraq and the levant

Kitanta, Antonius Dwi Cahya (2019) Pemberlakuan hukum humaniter internasional terhadap the Islamic state of Iraq and the levant. Other thesis, Wijaya Kusuma Surabaya University.

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Abstract

The study, entitled The Application of International Humanitarian Law to The Islamic State Of Iraq And The Levant, aims first to analyze the legal status of ISIL according to International Humanitarian Law. Second is to analyze the application of International Humanitarian Law to ISIL militant organizations. The research method used in this paper uses the Normative Juridical research method which is a library research, namely research on legislation, international conventions, news from the mass media to reveal facts that occur and literature relating to the material discussed. Based on the results of the study it can be concluded First: that the Legal Status of ISIL(Islamic State of Iraq and The Levant) is not the subject of belligerent international law, nor is it state or insurgent. Although the rules regarding the requirements of rebel groups are referred to as belligerent according to the appendix of the Hague Convention IV 1907 has been fulfilled, however, there is a development of the concept of humanitarian law that there is a need for legitimate government recognition to make rebel groups belligerent. Iraq as a legitimate government does not want to recognize ISIL as belligerent, and the UN issued a Resolution that considers ISIL as a terrorist group. Second: The enactment of International Humanitarian Law against ISIL (Islamic State of Iraq and The Levant) is not in accordance with existing regulations, seeing that ISIL has actually fulfilled all the requirements to be subject to international law. This conflict with ISIL became an international armed conflict, in which many UN countries intervened which caused unnecessary destruction. So seeing this kind of action can be concluded that International Humanitarian Law cannot reach ISIL

Item Type: Thesis (Other)
Uncontrolled Keywords: Keywords: Humanitarian, Rebels, Belligerent, ISIL
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Law Sciences Study Program
Depositing User: Antonius Dwi Cahya Kitanta
Date Deposited: 12 Feb 2019 04:57
Last Modified: 12 Feb 2019 04:57
URI: http://erepository.uwks.ac.id/id/eprint/3245

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