INDONESIA’S OBLIGATIONS AS A PARTY OF THE 1949 GENEVA CONVENTION IN APPLYING THE PRINCIPLE OF DISTINCTION IN PAPUA ARMED CONFLICT

Abstract

The purpose of this research is to ascertain how Indonesia‟s obligations as a State Party to the 1949 Geneva Conventions apply to the application of the Principle of Distinction in the Papuan Armed Conflict and to ascertain whether Indonesia has complied with its obligations as a State Party to the 1949 Geneva Conventions regarding the application of the Principles of Distinction in the Papuan Armed Conflict. This research is doctrinal legal research in which the aims are accomplished by using a legal and conceptual method. Additionally, this research indicates that Indonesia has not fully enforced the principle of distinction in international humanitarian law during the Armed Conflict in Papua. The data on civilian casualties in Papua demonstrates that Indonesia has failed to live up to its Geneva Conventions obligations. As a solution, the author proposes that Indonesia quickly ameliorate the situation by highlighting the importance of the Geneva Conventions' principle of distinction to the fighting parties (combatants), the Free Papua Organization, and the Indonesian National Army. The Indonesian government and military forces must demonstrate their commitment to upholding international humanitarian law in times of armed conflict, specifically the Geneva Conventions, Additional Protocols, and applicable customary international humanitarian law.