Konsep “Keikutsertaan Langsung dalam Permusuhan” dan “Prinsip Pembedaan” dalam Konflik Bersenjata
Abstract: In the contemporary
war is very difficult to determine who those parties who participated in a war,
which is commonly known as combatants. Combatants task is to fight and advance
to the battlefield (including if it should hurt, destroy, carry out other
military action, even if it should kill the enemy though); because if not, then
they will be the target of an enemy attack. The term, “to kill, or to be
killed”. All those who belong to the class of combatants is the target or
object of attack, so that when combatants killed combatants of the enemy in a
war situation, then it is not an unlawful act. Instead, the group called the
civilian population (civilian) are the ones who should not participate in the
battle so there should not be subjected to violence or object. It is very
important to point out because the name of war, are merely apply to members of
the armed forces of the countries in dispute. While the civilian population,
which is not participating in the hostilities must be protected from the
actions of the war. This paper will discuss how the concept of direct
participation in hostilities and the principle of distinction set in armed
conflict, particularly non-international armed conflict, within the framework
of international humanitarian law (the laws of war).
Keywords: Combatants and
Non-Combatants, Direct Participation in Hostilities, International Humanitarian
Law
Penulis: Jerry Indrawan
Kode Jurnal: jphubintdd150354
