STATUS TERORIS DALAM WAR ON TERROR (KAJIAN BERDASARKAN HUKUM HUMANITER INTERNASIONAL)

Abstract

This research aims to analyze the legal status of terrorists in the war on terror in the perspective of international humanitarian law and to describe whether or not the applicable of international humanitarian law and the laws in force in the war on terror. This research is a normative research viewed from prescriptive. The data used secondary, include primary and secondary law materials. The technique of collecting data is library research. The technique of data analyzes is deductive reasoning technique. The results of research showed that the status of the terrorists in the war on terror is based on international law as non-state actors is not legitimate. Terrorist status in the war on terror in international humanitarian law can be considered as civilians during not involved in combat. If the terrorists involved in the battle, the legal status becomes unlawful belligerent. Geneva Conventions 1949 and Additional Protocols I and II 1977 which is the main source of international humanitarian law can not be applied to the situation war on terror because war on terror is not included as an international armed conflict and non-international armed conflict. However, war on terror still have to respect the fundamental principles that form the basis of international humanitarian law. War on terror can use the relevant national laws relating to the sovereignty of a country.