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terAs Law Review: Jurnal Hukum Humaniter dan HAM
Published by Universitas Trisakti
ISSN : 27158950     EISSN : 27162060     DOI : https://doi.org/10.25105/teras-lrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
terAs Law Review : Jurnal Hukum Humaniter dan HAM is an open access and peer-review journal with a double-blind review process. terAs Law Review : Jurnal Hukum Humaniter dan HAM encourages and accepts contributors from all over the world to submit their articles particularly on: International Humanitarian Law International Human Rights Law (with special reference to armed conflicts) However, terAs Law Review : Jurnal Hukum Humaniter dan HAM also receives various manuscripts from other branch of law, as long as the topic of discussion has to do with armed conflict, such as: International Law International Criminal Law International Environmental Law The Law of Treaty International Settlement of Disputes Refugee Law Diplomatic and consular relations Disarmament Law Cyber Law Philosophy and Theory of Law Constitutional Law Islamic Law Etc.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2024): November 2024" : 5 Documents clear
ANALISIS YURIDIS PELANGGARAN HUKUM PADA INVASI RUSIA-UKRAINA DITIJAU DARI KONVENSI JENEWA 1949: JURIDICAL ANALYSIS OF LEGAL VIOLATIONS IN THE RUSSIA-UKRAINE INVASION, VIEWED FROM THE GENEVA CONVENTIONS OF 1949 Rizqiah, Siti Nur; Rachmadyantira, Kyla; Maharani, Adellia Puan; Angkasari, Wildani
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/n5af9w12

Abstract

The invasion of Russia into Ukraine is an unforeseen condition that can disrupt world stability and peace. This war occurred due to the invasion of Russian military forces into Ukraine, as Ukraine joined NATO, which was perceived as a threat to Russia's security. Consequently, there have been violations of international humanitarian law as regulated in the Geneva Conventions. The objective of this research is to analyze legal violations in the Russia-Ukraine invasion from the perspective of the Geneva Conventions of 1949. The research method employed is juridical-normative research with a statute approach and case approach, using legal material tracing the perspective of the Geneva Conventions of 1949. The research method employed is juridical-normative research with a statute approach and case approach, using legal material tracing through library research for descriptive analysis. The results of this research show a juridical analysis of legal violations in the Russia-Ukraine invasion, viewed from the Geneva Conventions of 1949, indicating a series of actions that violate norms of international humanitarian law, regulated in the Geneva Conventions IV and II. These actions resulted in casualties, both injuries and fatalities, among civilians who should have been protected from invasion. Additionally, attacks on infrastructure, including energy and educational facilities, violate the principles of the Geneva Conventions that prohibit disproportionate destruction for military objectives and impact international trade activities. The responses from other countries to the Russia-Ukraine invasion include condemnation from various nations, including the European Union and Indonesia, regarding the violations of international humanitarian law. Therefore, accountability is deemed necessary.
SEXUAL VIOLENCE  IN ARMED CONFLICT: ONE-SIDED JUSTICE FOR WOMEN: KEKERASAN SEKSUAL DALAM KONFLIK BERSENJATA: KEADILAN YANG BERAT SEBELAH BAGI PEREMPUAN Maratussholehah, Hanifah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/12b4t622

Abstract

This paper explores the strategic use of sexual violence in armed conflict and the unequal application of justice for women victims. Drawing on international humanitarian law—including the Geneva Conventions, Additional Protocols, the Rome Statute, CAT, and the ICCPR—it affirms that sexual violence is strictly prohibited in both international and non-international conflicts. However, case studies from Palestine and Israel reveal that these legal protections are often not fully implemented or equitably enforced. Women are frequently subjected to coercion, humiliation, and intimidation, while systemic legal and social barriers hinder their access to justice. The discussion further highlights the limited availability of post-assault healthcare and the inadequate prosecution of perpetrators. The findings suggest that despite the existence of strong legal frameworks, justice remains selective and insufficiently survivor-centered. It is therefore imperative to ensure consistent enforcement of humanitarian and human rights law and adopt a victim-centered approach to eliminate gender-based disparities in accountability and protection
DISKRIMINASI KEBIJAKAN PEMERINTAH INDIA TERHADAP KAUM MUSLIM DALAM PERSPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL: DISCRIMINATION OF INDIAN GOVERNMENT POLICY AGAINST MUSLIMS IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW Notoprayitno, Maya Indrasti; Louisa, Monique; Salsabilah, Nahdia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fxe93p65

Abstract

The increase in religious-based conflicts is the result of the use of religion by officials of the ruling Indian government who want to attract sympathy and support from the Indian population who are Hindu, which is the most widely followed belief in India. Since 2014, the government's policies have been perceived by the Indian and international community to marginalize Indian Muslims, particularly with the Citizenship Amendment Bill (CAA 2019). This paper discusses the racism that arises due to the differentiation in beliefs in Indian citizens. The research conducted in this paper is normative legal research using the library method. The results of the analysis are discussed with reference to the International Covenant on Civil and Political Rights. It can be concluded that the sectarian conflict in India due to the Citizenship Law is a form of discrimination that is contrary to Article 18 of the International Covenant on Civil and Political Rights, so there needs to be a further process in upholding religious rights in India.  
PERSPEKTIF HUKUM PERJANJIAN INTERNASIONAL ATAS KORBAN PENDUDUK SIPIL PADA KONFLIK BERSENJATA DI REPUBLIK DEMOKRATIK KONGO: PERSPECTIVE OF INTERNATIONAL TREATIES ON VICTIMS OF CIVILIAN POPULATIONS OF ARMED CONFLICT IN DEMOCRATIC REPUBLIK OF THE CONGO Andienda, Syarifah Prasya; Sekariani, Azizah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3y2er932

Abstract

This study aims to analyze the reparation mechanisms available to victims of international crimes, particularly in the context of a convicted person's inability to fulfill financial obligations, as well as the involvement of states pursuant to Article 31 of the ARSIWA. The case of Germain Katanga in the Democratic Republic of the Congo serves as a concrete example in which the defendant was found guilty of war crimes and crimes against humanity, yet lacked the means to provide direct compensation to the victims. Applying a normative legal approach, this research examines key instruments of international law, including the 1998 Rome Statute, the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1969 Vienna Convention on the Law of Treaties. The findings demonstrate that the Trust Fund for Victims (TFV), as established under Article 79 of the Rome Statute, functions as a collective mechanism that ensures victims' rights to reparation when the convicted person is unable to pay. Furthermore, Article 31 of the ARSIWA affirms the obligation of states to guarantee the fulfillment of reparation duties, either by contributing to the TFV or by supporting decisions rendered by the International Criminal Court (ICC). This study recommends strengthening international cooperation to ensure that the principle of restorative justice for victims continues to be upheld within the framework of international law.
KUALIFIKASI PENGGUNAAN SENJATA KIMIA PADA KONFLIK BERSENJATA DI SURIAH DARI PERSPEKTIF HUKUM HUMANITER INTERNASIONAL: QUALIFICATION OF CHEMICAL WEAPONS IN ARMED CONFLICT IN SYRIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW Fajwa, R. Halya Zayna; Wibowo, Aji
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/j4szzx92

Abstract

The conflict in Syria is part of the series of Arab revolutions that occurred in 2011  due to opposition to the regime of President Bashar al-Assad, evolving into armed  rebellion. The conflict reached its peak when battles involving chemical weapons  were discovered in Ghouta in August 2013, resulting in numerous casualties. This  has qualified as war crimes and serious violations from the perspective of  international humanitarian law. This research is a literature study using data  analysis methods. Based on the data obtained, the use of chemical weapons in this  warfare has violated the rules of the Organization for the Prohibition of Chemical  Weapons and international humanitarian law agreements.

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