EXISTENCE OF THE DISTINCTION PRINCIPLE AS A PROTECTION FOR THE VICTIMS OF ARMED CONFLICT: THE IMPLICATIONS ON RENEWAL OF THE NATIONAL LAW
Abstract: This study intent to
analyze the existence of the distinction principle in international
humanitarian law can provide effective protection against combatants and
civilians in a modern armed conflict and contribute to the protection of
victims of internal conflicts in Indonesia. It is very important to find the concept
of the protection
of victims of
internal conflict in
Indonesia. This research
uses a normative, and the
research also applies a descriptive-analytical approach to examine and analyze the
research questions of
the thesis. In
doing so, this
research uses a
secondary data, these
legal materials are subsequently analyzed using a qualitative juridical
approach. The results showed that the
existence of distinction
principle at the
level of concepts
and implementations provide
less effective protection against combatants and civilians in modern
armed conflict. And the contribution of
distinction principle to
the protection of
victims of internal
conflicts in Indonesia
is able to strengthen the concept of “sishankamrata”
and national legislation.
Author: Danial
Journal Code: jphukumgg150038
