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All Journal Jurnal Hukum dan Pendidikan Kewarganegaraan
Muhammad Adrian fitra yamazaki
Universitas Bengkulu
Law, Crime, Criminology & Criminal Justice

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Perlindungan konsuler warga negara ganda dalam konflik bersenjata Muhammad Adrian fitra yamazaki; Aldo kurniawan; Qyan Hari Simartla Gudangga; Fadel Jovinka
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Consular protection for dual nationals during armed conflict remains an inadequately addressed gap in international law. This study attempts to examine how the international legal framework regulates consular protection for dual nationals during armed conflict, while also mapping the various obstacles that arise in its implementation in the field. To address this issue, this study uses a normative legal research method by combining legislative, conceptual, and case studies, sourced from a literature review of primary, secondary, and tertiary legal materials. The results of the study found that the legal basis for consular protection is essentially based on the 1963 Vienna Convention on Consular Relations and the 1961 Vienna Convention on Diplomatic Relations, but neither instrument specifically addresses the issue of dual nationality. Consequently, the determination of which country is entitled to provide protection is left to the principle of effective nationality, which in practice is often applied inconsistently. This complexity is further compounded during armed conflict, as access for consular officials is limited, diplomatic relations can be disrupted, and administrative procedures become cumbersome. The 1949 Geneva Conventions do provide minimum protection through international humanitarian law, but they cannot completely replace consular protection. The case of Aiden Aslin in 2022 illustrates how the ambiguity of dual citizenship can lead to the loss of effective access to consular protection in conflict zones.
Kelemahan Konvensi Jenewa 1949 Dalam Menghadapi Dinamika Konflik Bersenjata Modern Muhammad Adrian fitra yamazaki; Aldo Kurniawan; Febrio Diosi Pratama
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study analyzes the weaknesses of the 1949 Geneva Conventions in addressing the dynamics of modern armed conflicts and examines their relevance and effectiveness in providing legal protection for victims of armed conflicts. This research employs a normative legal method with statutory, conceptual, and case approaches. The findings indicate that the 1949 Geneva Conventions contain several limitations, particularly regarding the state-centric nature of legal subjects, the inability to fully accommodate modern military technological developments, and the limited enforcement mechanisms that lack coercive power. Nevertheless, the 1949 Geneva Conventions remain highly relevant within the international humanitarian law system, as reflected in the applicability of fundamental principles, the strengthening effect of the 1977 Additional Protocols, and their recognition in international practice as the primary instrument for the protection of victims of armed conflicts. However, the effectiveness of their implementation still reveals a gap between law in the books and law in action, influenced by the changing nature of armed conflicts and the limitations of international enforcement mechanisms.
Co-Authors Aldo kurniawan Fadel Jovinka Febrio Diosi Pratama Qyan Hari Simartla Gudangga