International Humanitarian Law As Legal Construction On Approval Of War

Purba, Marlina Br (2011) International Humanitarian Law As Legal Construction On Approval Of War. In: International Seminar on Humanitarian Action , Oktober 2011, Universitas Gadjah Mada, Yogyakarta.

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Abstract

Humanitarian law or international humanitarian law applicable in armed conflict often referred to as the laws of war or the laws of arms conflict is the legal corpus that comprises the Geneva Conventions and the Hague Conventions. It defines the conduct and responsibilities of belligerent nations, neutral nations and individual engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. It does not meant to regulate the start of the war or the war strategy. It determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm. Since it determines how such a war done by mean of humanity principles, we can called this law as “the rules on humanity war”. In many civilization, the rules of war is already contain in many unwritten rule on behaviour morality, and also religion. In Romans war was conduct with the concept of just war. On the contrary, in this modern ages war was conduct with almost no rules. Newer and more modern weapons with more destructive affects were used, but many wounded soldiers were abandon in war fields. This phenomena inspires author to analyze the possibilities to categorize this international humanitarian law as one of the legal construction on approval of war. This humanitarian law never prohibit war and never defines war strategies too. It only prevent mean and borderless war. Thus wars can be done with certain limitations. Is this true?

Item Type:	Conference or Workshop Item (Paper)
Uncontrolled Keywords:	Humanitarian Law
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Marlina, S.H., M.Hum. 207013
Date Deposited:	08 Jul 2015 06:26
Last Modified:	06 Apr 2021 04:58
URI:	http://repository.ubaya.ac.id/id/eprint/24873

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