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All Journal TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review
Dyah Ridhul Airin Daties
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Law, Crime, Criminology & Criminal Justice

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Blocking and Destroying Food Aid in Conflict Areas According to International Law Umarella, Andriani Putri Sari; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2945

Abstract

Introduction: The ongoing Israeli conflict in Gaza has triggered a severe food crisis due to the blocking and destruction of food aid, violating IHL provisions that prohibit starvation as a warfare tactic and attacks on objects essential for civilian survival.Purposes of the Research: This research examines IHL regulations and legal measures concerning food aid in the Gaza conflict.Methods of the Research: The study employs normative legal research by analyzing legal library materials through legislative, case-based, and conceptual approaches. The sources of legal materials include primary, secondary, and tertiary materials, collected through library research and analyzed qualitatively.Results of the Research: The findings indicate that IHL safeguards humanitarian aid, including food, in conflict zones, as outlined in the 1949 Geneva Conventions and the 1977 Additional Protocol I. Article 23 of the Fourth Geneva Convention mandates that warring parties permit humanitarian aid delivery, while Article 54 of Additional Protocol I prohibits destroying objects vital for civilian survival. Blocking and destroying food aid constitutes a grave breach, classified as a war crime under the 1998 Rome Statute. Legal enforcement mechanisms include decisions by the International Court of Justice (ICJ), investigations by the International Criminal Court (ICC), UN Human Rights Council (UNHRC) fact-finding missions, and humanitarian organizations such as the International Committee of the Red Cross (ICRC).
Perlindungan Satwa Langka Berdasarkan Asean Aggrement On The Conservation of Nature and Nature Resources 1985 Kainama, Clif; Hanafi, Irma Halima; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 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.v3i1.19703

Abstract

The 1985 ASEAN Agreement on the Conservation of Nature and Nature Resources states that ASEAN member states have responsibilities for wildlife in terms of protecting endangered species, conserving endemic species and implementing policies under their authority to prevent the extinction of species and subspecies. Article 5 of the agreement regulates endangered and endemic species, which states must register endangered species and take special measures. In relation to endangered wildlife, member states are responsible for prohibiting the hunting of such species; regulating the trade and possession and products of such species; protecting the habitats of such species; taking necessary policies to improve their conservation status and restore their populations to the highest level. This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed. The results of this study show that animal protection is regulated in Article 3 of the ASEAN Agreement on the Conservation of Nature and Natural Resources: “The Contracting Parties shall, wherever possible, maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the conservation of all species under their jurisdiction and control”.
Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality Matakena, Jenesya Susye; Wattimena, Josina Augustina Yvonne; Daties, Dyah Ridhul Airin
Balobe Law Journal Volume 5 Issue 2, October 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i2.2409

Abstract

Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.
Co-Authors Djunaidi, Muhamad Renaldy Hanafi, Irma Halima Kainama, Clif Mainuru, Muhammad Zidhan L Makarawung, Julio Franco Jehovah Matakena, Jenesya Susye Nendissa, Renny Heronia Peilouw, Johanis Steny Franco Pentury, Zachary Ivander Popi Tuhulele, Popi Rehatta, Veriana Josepha Batseba Riry, Welly Angela Safiun, Safiun Tahalea, Rensy Elma Tahalea Tahamata, Lucia Charlota Octavina Tahamata, Lucia Charlota Octovina Tetelepta, Joel Toisuta, Chayenne Rosele Yohana Umarella, Andriani Putri Sari Waas, Richard Marsilio Wattimena, Jose Christy Wattimena, Josina Augustina Yvonne