International Humanitarian Law Perspective on Un-Targeting Attack

Try Hardyanthi
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Abstract

The Syrian conflict started on January 26th, 2011. At first, the conflict in Syria was an internal conflict between the government of Bashar Al Assad and the Rebel, the descent into war began with the violent and brutal repression of peaceful pro-reform protests, which later turned into an armed uprising against the regime of Bashar al-Assad, and has since become a regional conflict involving state and non-state actors. In the development of the conflict, some parties intervened to provide support for the Bashar al-Assad. One of the countries that intervene against Syria is Russia. In the armed conflict which happened in Syria on September 2015 and early October 2016, more than 9,000 people, including 4,000 Syrian civilians, were killed by the Russian airstrikes. The International Humanitarian Law hostilities regulate the protection of victims of conflict and restrictions on the means and methods of warfare. This study aims to identify the obstacles of legal enforcement of international humanitarian law toward un-targeting attack in Syria. In addition, this study tries to reveal the responsibility of these states, both Russia and Syria for the loss and injury caused by an un-targeting attack. The result shows that the obstacles of law enforcement in Syria case caused Syria is not a state party in several international conventions. Therefore, these conventions are not applicable formally in the armed conflict in Syria. Based on International Humanitarian Law, Syria Government is responsible for the un-targeting attack that occurred in Syria, and required to make full reparation for the loss or injury caused by such violations.  They are required to make full reparation for the loss or injury caused by an un-targeting attack. Furthermore, Individuals belonging to an Organizations or State are held personally responsible before the law. Then, the United Nations Security Council (UNSC) must carry out UN Charter Articles 41 and 42 and UNSC as the main organ responsible for maintaining international peace and security.
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非目标攻击的国际人道主义法视角
叙利亚冲突始于2011年1月26日。起初,叙利亚的冲突是巴沙尔·阿萨德政府和反抗军之间的内部冲突,战争的演变始于对支持改革的和平抗议活动的暴力和残酷镇压,后来演变成反对巴沙尔·阿阿萨德政权的武装起义,并已演变成一场涉及国家和非国家行为者的地区冲突。在冲突的发展过程中,一些方面进行了干预,为巴沙尔·阿萨德提供支持。俄罗斯是对叙利亚进行干预的国家之一。在2015年9月和2016年10月初发生在叙利亚的武装冲突中,包括4000名叙利亚平民在内的9000多人在俄罗斯的空袭中丧生。《国际人道主义法》规定了对冲突受害者的保护以及对战争手段和方法的限制。本研究旨在确定国际人道主义法在叙利亚实施无目标袭击时的障碍。此外,本研究试图揭示俄罗斯和叙利亚这两个国家对非目标袭击造成的损失和伤害的责任。结果表明,叙利亚案件执法障碍造成的叙利亚不是几个国际公约的缔约国。因此,这些公约在叙利亚武装冲突中并不正式适用。根据国际人道主义法,叙利亚政府应对发生在叙利亚的非针对性袭击负责,并要求对此类侵犯行为造成的损失或伤害作出充分赔偿。他们必须对非目标攻击造成的损失或伤害作出充分赔偿。此外,属于一个组织或国家的个人在法律面前负有个人责任。然后,联合国安理会必须执行《联合国宪章》第四十一条和第四十二条,并将联合国安理会作为维护国际和平与安全的主要机构。
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