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All Journal Uti Possidetis: Journal of International Law TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal LUTUR Law Journal PATTIMURA Law Study Review
Riry, Welly Angela
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Law, Crime, Criminology & Criminal Justice

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Strategi Perang Menurut Hukum Humaniter Internasional: Legalkah Metode Blokade? Jazirah, Hardinna Putri; Tuhulele, Popi; Riry, Welly Angela
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19279

Abstract

This article discusses the legality of using the blockade method in armed conflict and its legal implications as a war strategy according to International Humanitarian Law. The purpose of this paper is to find out how the use of blockades of a legal nature and its implementation in accordance with Humanitarian Law.  As a method of war, blockade is often used in armed conflict to be a method that is not in accordance with international law sources because it can cause losses and casualties. In fact, there are many regulations governing the blockade including the Declaration of Paris 1856 which explains the effectiveness of the blockade, the Declaration of London 1909 which regulates the guarantee of the rights of neutral countries, the 1949 Geneva Conventions which also regulates provisions regarding the delivery of humanitarian aid during the blockade in conflict areas, the 1994 San Remo Manual which regulates the legal conditions for applying the blockade. In addition, this regulation is also often used by legal experts to express their opinions regarding the blockade so that it becomes the primary reference source for judges to find the law. Therefore, to complete the blockade provisions, the role of international organizations is needed to provide supervision, provide strict sanctions and the importance of state party commitments in implementing the blockade method.
Embargo as an Act of International Law Enforcement Silooy, Charlos Josse; Wattimena, Josina Augustina Yvonne; Riry, Welly Angela
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22903

Abstract

,,This research was motivated by the invasion carried out by Russia against Ukraine, which caused other countries such as the United States and its allies to take a stance by imposing an embargo on Russia. The purpose of this study is to determine whether an embargo can be implemented as a law enforcement measure and its impact on countries that violate international law. The research method used in this study is normative legal research, namely by analyzing legal problems in laws and regulations that are related to the problem being studied. The problem approach used is a conceptual approach, using primary legal material sources as a reference to complete the writing and collection of legal materials carried out using library techniques. Based on the research results, an embargo can be carried out as an international law enforcement measure by the Security Council as regulated in Article 41 of the UN Charter as an action that does not use armed force (non-military) in maintaining world security and peace. An embargo is an international law enforcement measure that is soft in the sense that this action is gentle and not harsh like the use of aggressive military. The impact of an embargo on a country that violates international law against another country such as Russia does not have a significant impact. However, the impact of implementing an embargo is that the embargo can put pressure on countries that violate international law to return to complying with international law. The implementation of an embargo must be carried out carefully so that it does not have a broad impact on human rights such as women, children and the elderly.
Perlakuan Terhadap Tawanan Perang Yang Tidak Manusiawi Salakory, Eddi Emi Christin; Hanafi, Irma Halima; Riry, Welly Angela
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i3.14498

Abstract

Prisoner of war (POW) is a member of the armed forces captured during wartime. Prisoner of war should be treated with high protection and respect, free from violence, threats, and torture. The US soldiers' inhumane treatment of prisoners in Abu Ghraib prison, Iraq, exemplifies a serious human rights violation. Recently, former Ukrainian prisoner of war reported being tortured in southwestern Russia, including beatings and electric shocks. This thesis employs Normative Law research, focusing on positive legal norms through a dogmatic approach to understand their relationships with legal principles and institutions. The study highlights that Geneva Convention III of 1949 obligates states to arrest, prosecute, and punish violators of prisoners of war rights. The US adhered to these obligations by prosecuting six military personnel involved in Abu Ghraib torture but is not required to compensate for its officials' or agents' involvement. Conversely, Russia has not addressed its treatment of Ukrainian prisoner of war, underscoring the need for adherence to International Humanitarian Law and International Conventions to safeguard prisoner of war rights.
Co-Authors Aponno, Frederika Dyah Ridhul Airin Daties Halima Hanafi, Irma Hardianti Hardianti, Hardianti Hattu, Vondaal Vidya Jazirah, Hardinna Putri Layn, Mirna Waty Leatemia, Wilshen Noya, Ekberth Vallen Peilouw, Johanis Steny Franco Popi Tuhulele, Popi Rehatta, Veriana Josepha Batseba Sahad, Indri Yulia Salakory, Eddi Emi Christin Silooy, Charlos Josse Souisa, Pelpina Dina Febriska Tahalea, Rensy Elma Tahalea Tiwery, Zepty Fence Waas, Armelia Febriyanti Wattimena, Josina Augustina Yvonne