Perlindungan terhadap Anak dalam Konflik Bersenjata Internasional antara Rusia dan Ukraina Menurut Konvensi Jenewa Tahun 1949

Abstract

Conflict, in its various forms, has been an inevitable part of the human story throughout the history of civilization. However, one of the most complex and dangerous types of conflict for human existence is conflict between countries and other countries. The dynamics of this kind of conflict not only include tensions between individuals or groups, but also show confrontation between institutions that represent the interests of a country. In fact, until now the turmoil of war between Russia and Ukraine is still going on. This war was started by Russia, which tried to limit Ukraine's closeness to the European Union in order to maintain its country's security. The war that occurred claimed many victims, including children. Children are part of the civilian population who should receive protection from the state, including countries at war. Based on this background, this work raises problem formulations, including; First, what are the regulations regarding IAC (International Armed Conflict) and NIAC (Non-International Armed Conflict) Second, how to protect children in the conflict between Russia and Ukraine. Third, what are the sanctions against perpetrators of violations of children's rights to life and freedom from torture between Russia and Ukraine. The method used by the author is the Normative Law method. Techniques for collecting legal materials by collecting several literature references, library research, the internet, and legislative approaches. The results of this research show several things; First, armed conflict has claimed many lives and one of them is children, both in IAC (International Armed Conflict) and NIAC (Non-International Armed Conflict) settings. The rights to protect children in armed conflict have been regulated in various conventions, namely the 1949 Geneva Convention IV, the Convention on the Rights of the Child (UN-CRC), the Declaration of the rights of the child (Declaration of the rights of the child 1989) and in Non-international Armed Conflict. in the legislation of each country. Second, the Russian and Ukrainian war has resulted in many civilian casualties, including children, from both Ukrainian and Russian sides, and with allegations that Russia uses children as child soldiers, it can be seen that Russia has violated several international agreements and international humanitarian law. The international agreements that were violated were the 1949 Geneva Convention IV as well as Additional Protocol I and the Convention on the Rights of the Child. Third, until now there have been no sanctions for perpetrators of violations of children's rights in the armed conflict between Russia and Ukraine, because there has been no decision from international justice to decide on violations of children's rights in the conflict between Russia and Ukraine.