State Responbility In Protecting Civil Society Human Rights

INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 4, Issue 1, (April, 2023) ISSN 746-9719 (online) STATE RESPONSIBILITY IN PROTECTING CIVIL SOCIETY HUMAN RIGHTS Pramesti Ivana Putri Kinasih1; Mohamad Danang Imam Danu Arta2; Khamilatun Nisah3; Azzahra Sania Wahyu4; Hania Pramesti Cahyani5 Universitas Pembangunan Nasional “Veteran” Jawa Timur, Surabaya, Indonesia12345 .id1,.id2,2107101 .id3,.id4, .id5 ABSTRACT: This research is a research that examines in a normative juridical manner the responsibility of the warring state to protect the human rights of civilians in territory of the country. This research aims to provide understanding to the public regarding the protection of human rights that must be fulfilled by the state when it becomes a party to a war. The research method used is a normative juridical research method that examines international legal documents namely the 1907 Hague Convention, the 1949 Geneva Convention and Protocol I and Protocol II 1977. combatants and civilians, if that country has decided to become a party to the war. Nonetheless, the state still has the obligation to guarantee with all its might to safeguard the safety of its country's civilians who are not directly involved in the war as a form of fulfillment of human rights as stipulated in these conventions. In addition to maintaining the safety of civilians, the state also has an obligation to prevent combatants from committing acts that can be categorized as war crimes. Keywords : Civil Society; Human Rights; Responsibility; War. INTRODUCTION Based on the provisions of international human rights law, the definition of state responsibility relates to the state's obligation to fulfill, safeguard and respect human rights that are considered internationally. The emergence of state responsibility as a result of violations of international law by the state. The emergence of state responsibility if there is a violation of an international obligation to do something or not do something, based on international agreements or international customary law. State responsibility is a key principle that stems from the equal rights of every state and the doctrine of sovereignty. Provisions on defense related to war issues called International Humanitarian Law have been regulated by international legal instruments. HHI broadly aims to protect civilians and combatants physically and mentally, people who die at the hands of opponents are guaranteed their human rights, restore peace and limit the 36 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 4, Issue 1, (April, 2023) ISSN 746-9719 (online) powers of the fighting parties (Marentek, 2019). In the international world this armed conflict is common. The conflict of interest with other countries or clashes between groups within one's own country is the beginning of armed conflict. However, this can be called pursuing the national interest. There are two armed conflicts, namely noninternational armed conflicts or domestic conflicts and international armed conflicts. Armed conflict is an incident of sufficient violence and resistance between disputing parties. So that this conflict is certain to result in many victims, namely from the combatants side or from the civilian side who did not participate in the conflict. Armed conflict also results in the loss of the sense of security of the citizens. But the existence of humanitarian law needs to be questioned in terms of armed conflict and the parties also need to be analyzed clearly to determine a quick solution. The problem that often occurs is how to protect civilians especially citizens who are declared missing, detained and arrested as well as international implementation of proper treatment during civil wars. The life of the state cannot be separated from problems of conflict between countries (H Suryokumoro & Ikaningtyas, 2020). Protection for civilians who are victims of armed conflict needs to be upheld and requires strong action by the government together with the legal instruments used by the warring parties clearly and not arbitrarily. For example, the case of armed conflict in Papua, where the conflict is increasing and causing many casualties from civilians who should be protected by law. Regulations regarding armed conflict are contained in several conventions, namely the 1907 Hague Convention, the 1949 Geneva Convention and Additional Protocols I and II 1977. Armed conflict is regulated to protect victims so that violence does not occur which has serious consequences. It has been explicitly explained in the 1945 Constitution that the state has an obligation to protect its citizens. As stated in Articles 28A to 28J, they also explain the protection of human rights for citizens (Yudawan, 2021). The state is responsible as a whole in providing guarantees of legal protection for civilians who make up the state defense system. Problem From the background described above, the main issues are how are civilians or civilian areas in an area of armed conflict, is there protection for civilians or innocent people and what are the war crimes and the legal basis for state responsibility? Research Methods In this study, normative juridical research was used because it aims to understand societal phenomena and social phenomena, namely between civilians and combatants in armed conflicts. in this method are presented in words and report specific views obtained from various sources of informants (Humanika, 2021). This discussion also 37 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 4, Issue 1, (April, 2023) ISSN 746-9719 (online) describes the facts regarding the contents of the 1864 Geneva Convention and the 1907 Hague Convention so that it is easy to understand and in order to generate new hypotheses, identify the rights of civilians or the protection of civilians regulated in the 1864 Geneva Convention and Protection for civilians regarding civilians who may not receive arbitrary action from enemies of their country is regulated in the 1907 Deen Haag Convention Discussion A. Overview of International Law A.1. Definition of International Law The definition of international law itself has been widely expressed by the opinions of leading experts from international law. Mochtar Kusumaatmadja argues that international law is the overall rules and legal principles governing a relationship or issue that crosses national boundaries (Kusumaatmadja, 1997). Meanwhile, according to Jawahir Thontowi and Pranoto Iskandar stated that international law is a set of rules made and addressed to sovereign states exclusively. Furthermore, Jawahir and Pranoto also argued that international law is actually not a rule that is enforced as is the law owned by the state (Thontowi & Iskandar, 2006). Meanwhile JG Starke (Starke, 1992) gives two definitions of international law, namely: 1. Rules of law relating to the functioning of international institutions or organizations, their relatio (...truncated)