Authors:
Eno Prasetiawan
;
Eka Widi Astuti
;
Helmi Amnijar
and
Febryan Topo Ruru Artha
Affiliation:
Faculty of Law, Universitas Airlangga, Surabaya and Indonesia, Indonesia
Keyword(s):
Civilian objects, military objects, distinction principle, international humanitarian law
Abstract:
This research examines the state's obligation to apply the distinction principle of international humanitarian law for separation of civilian objects and military objects in Indonesia. The government may be not interested in dividing these two objects, such as military headquarters in the midst of urban areas, public facilities categorized as civilian objects, as well as airports located in a military base categorized as military object.. In addition, this research also describes the aspects of international humanitarian law in relation to efforts required from states to implement a distinction principle. Under international humanitarian law, the state has an obligation to separate civilian objects and military objects during peacetime for the protection of human dignity and the limitation of sufferings from war. This research applied the normative method with legislation approach which was done by reviewing all laws and regulations related to the handled legal issues. In addition,
data used were primary legal materials, such as international legislation and conventions and secondary law materials, for instance literatures relating to international humanitarian law. Data collection employed in this research was by conducting literature study to obtain primary and secondary legal materials for the legislation approach.
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