Electronic Theses and Dissertation
Universitas Syiah Kuala
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ANALYSIS OF THE IMPLEMENTATION OF DISTINCTION PRINCIPLE RELATED TO THE USE OF DRONES AS MILITARY WEAPON BY UNITED STATES BASED ON INTERNATIONAL HUMANITARIAN LAW
Pengarang
RAUZATUL JANNAH - Personal Name;
Dosen Pembimbing
Nomor Pokok Mahasiswa
1703101010077
Fakultas & Prodi
Fakultas Hukum / Ilmu Hukum (S1) / PDDIKTI : 74201
Subject
Kata Kunci
Penerbit
Banda Aceh : Universitas Syiah Kuala., 2021
Bahasa
Indonesia
No Classification
-
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RAUZATUL JANNAH,
2021
ABSTRACT
ANALYSIS OF THE IMPLEMENTATION
OF DISTINCTION PRINCIPLE RELATED
TO THE USE OF DRONES AS MILITARY
WEAPON BY UNITED STATES BASED ON
INTERNATIONAL HUMANITARIAN LAW:
Faculty of Law Syiah Kuala University
(vi. 72), pp.,bibl.
(Sophia Listriani, S.H., LL.M)
Drones are one of the developments in war technology. Drones are not
explicitly forbidden and they are not thought to be inherently indiscriminate or
malicious. However, in armed conflict situations, any weapon system, including
armed drones are obviously subject to international humanitarian law. Several
drone attacks launched by the United States caused civilian casualties. The use of
drones must comply with general principles of international humanitarian law. One
of the principles is distinction principles which requires parties to armed conflicts
must therefore direct their operations only towards military objectives and
differentiate at all times between the civilian and combatants and between military
objectives and civilian objects.
This study aims to find out the implementation of the distinction principle
during armed conflict according to International Humanitarian Law and how the
implementation of the distinction principle regarding the use of drones as military
weapons by United States.
The research methodology used in this study is normative research. Data
collection techniques through literature study to obtain secondary data, theoretical
reading material, legal history which relate to the material studied, and the judge's
decision in several previous cases. This method aims to describe legal regulations
and how it is implemented.
The results of this study indicate that the distinction principle is basically to
provide restrictions to combatants who are involved in armed conflict and
protection for the civilian population and objects. The implementation of the
distinction principle when the United States uses drones as military weapon is not
properly implemented as required by international humanitarian law. This can be
seen from the number of civilian casualties who fell during drone attacks and the
destruction of civilian objects.
It is recommended that states which use armed drones should abide by
international humanitarian law, develop and commit to powerful standards for
transparency, oversight, and accountability in the use of armed drones and produce
regular reports tracking drone strikes and casualties. States must align their
practices and policies with international standards.
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