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All Journal Jurnal Yustitia
Sompotan, Nexel Yosua
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Law, Crime, Criminology & Criminal Justice

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ASAS MILITARY NECESSITY PADA KONFLIK BERSENJATA UNTUK MELINDUNGI PENDUDUK SIPIL Sompotan, Nexel Yosua; Lombok, Lesza Leonardo; Kasenda, Marven Ajels
Jurnal Yustitia Vol 20 No 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1455

Abstract

Military Necessity is a fundamental principle in international humanitarian law that permits military actions necessary to achieve legitimate military objectives, but must still limit harm to civilian populations and civilian infrastructure. This study aims to analyze the application of this principle in contemporary armed conflicts, focusing on efforts to protect civilians. The research examines the Geneva Conventions, Additional Protocols, and case studies of modern conflicts to understand the relationship between Military Necessity and the principle of proportionality, as well as the challenges that arise in its implementation, particularly in asymmetric conflicts where combatants and non-combatants are often blended. The findings suggest that while this principle is widely accepted, its application still frequently presents challenges that lead to violations of international humanitarian law. Therefore, recommendations to strengthen the implementation of this principle should be considered in order to enhance protection for civilians in armed conflicts
Co-Authors Lesza Leonardo Lombok Marven A. Kasenda