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All Journal Balobe Law Journal PATTIMURA Law Study Review
Tahamata, Lucia Charlota Octavina
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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 Objek Sipil dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.12781

Abstract

Armed conflict not only affects the civilians who are the targets of the conflict, but civilian objects are also affected by the conflict. Civilian objects are any object that is not a military object so that it cannot be used as an object of attack by one of the parties to the conflict. The protection of civilian objects is regulated in Article 52 paragraph (1) and Article 57 paragraph (1) of the Additional Protocol to the Geneva Convention 1494. In addition to being regulated in the article, the protection of civilian objects is also regulated by International Humanitarian Law through principles recognized in HHI such as the principle of Proportionality, the principle of Distinction and the principle of military interests. Violation of the protection of civilian objects in armed conflict is a war crime. Basically, the responsibility for war crimes lies with the individual who committed the violation of the laws and customs of war. The accountability process is carried out through a trial at the ICC (International Criminal Court) where war crimes are the jurisdiction of the ICC itself. War crimes can also be held accountable to the state as well as the commander.
Co-Authors Dyah Ridhul Airin Daties Safiun, Safiun Umarella, Andriani Putri Sari