IMPLIKASI HUKUM TERHADAP PENGGUNAAN INCENDIARY WEAPONS DALAM KONFLIK BERSENJATA DI SURIAH DITINJAU DARI HUKUM HUMANITER

Abstract

This research proposes to analyze the use of Incendiary Weapons in Syrian armed conflicts under International Humanitarian Law, as well as to determine the legal implications on the use of Incendiary Weapons in Syrian armed conflict. The results show that the practice of using Incendiary weapons by the Syrian and Russian government does not heed the rules in international humanitarian law and considered as war crime because the attacks launched by military jet of the Syrian Government On August 26, 2013 in the city of Urem Al-Koubra Aleppo and by the Russian government in the city of Aleppo and Idlib on 5 June to 10 August 2016 cause incidental loss to civilians and civilian objects in Syria. Under Article 2 of Protocol III Convention on Certain Conventional Weapons 1980 (CCW) It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary wepons. To create just war mechanism each parties to the conflict should respect and implement the rules of Humanitarian Law.