Journal of Law and Nation
Vol. 3 No. 4 (2025): Journal of Law and Nation

ASYMMETRIC WARFARE AND THE CHALLENGES TO INTERNATIONAL HUMANITARIAN LAW

Aristoteles H Lawitang (Sekolah Staf dan Komando Tentara Nasional Indonesia)
Indra Laksamana, Tarsisius Susilo, Budiman Marpaung, Budi Saroso (Sekolah Staf dan Komando Tentara Nasional Indonesia)



Article Info

Publish Date
11 Dec 2025

Abstract

In recent decades, asymmetric warfare has increasingly defined the landscape of armed conflict, largely due to the significant role played by non-state entities and their reliance on irregular strategies that strain the normative framework of International Humanitarian Law (IHL) (Kaldor, 2012; Hoffman, 2007). This article explores the misalignment between IHL’s core principles— such as distinction, proportionality, combatant status, and accountability—and the operational realities of asymmetric battlefields. A comparative analysis is conducted across three case studies: the Coalition’s operations against ISIS in Mosul, Myanmar’s military conflict with the Rohingya population, and Turkey’s intervention against the YPG in northern Syria. Findings reveal a structural gap in the legal responsibility between state and non-state actors, compounded by the limited enforcement mechanisms of IHL in non-international armed conflicts. The article proposes reform of international legal frameworks, the modernization of military doctrines and rules of engagement, and the integration of ethical and legal education into military training. These measures aim to maintain the relevance and effectiveness of IHL in facing future hybrid and asymmetric conflicts.

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Journal Info

Abbrev

SOLICLAW

Publisher

Subject

Description

Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal ...