Pelanggaran Hukum Humaniter Internasional (HHI) oleh Israel Atas Kapal Bantuan Kemanusiaan di Gaza

KUSUMA, Mochammad Hidayat, Ririn Tri Nurhayati

2012 | Skripsi | Ilmu Hubungan Internasional

The International Humanitarian Law has been enganged with International Relations since the World War begun. The domain studies of International Relations is a state, which state is not getting apart from the War because of the clash of interests amongst the states itself. Based on the War Situation, International Humanitarian Law tried to restricted the state behavior in order to respect values of humanity during the time of war. Many victims in the war is a common civilians, and this condition has been persuade the scholars to engaged the International Humanitarian Law within International Relations framework. Israel is one of the states which ratified Geneva Convention 1949. As a sovereign state, Israel should respect to the law of the Geneva Convention 1949. But, as the conflict between Israel and Arab, especially Palestine has been under tension, the value of humanity is not well respected by Israel in order to pursuit their national interest and goals in the Palestine land. Since Hamas won the 2006 Palestine legislative election, Israel implemented the blockade policy in the area of gaza strip in order to decrease the Hamas defense and legitimation and also Israel and the West cut several aid to the Palestinian in order to punish Hamas which categorized by Israel as a terrorist organization that could harm and threatened the sovereignty of Israel. Civillian house, building, children, women, humanitarian activist become a victim of this tension. Israel also restricted the arrival and departure of the Palestinian people, humanitarian aid ship, and etc. This undergraduate thesis tried to explore the violation of the International Humanitarian Law by Israel in the case of Humanitarian Aid Ship in the Gaza Strip. There are three cases of mission of humanitarian aid ships which become an object of this undergraduate-thesis in order to explore the violation of IHL by Israel to the humanitarian activists which protected by the international humanitarian law as mentioned in Geneva Convention 1949. Three cases of this mini-thesis is Freedom Flotilla, Bring Liberty on Gaza and Freedom of Wave. These three missions of humanitarian aid tried to reach the Gaza Strip but been restricted, intercept and attacked by the Israel Defense Forces (IDF) which cause casualties especially in the mission of Freedom Flotilla, MV Mavi Marmara in 31st May 2010. Israel restricted these aid ship to enter Gaza in the argument of Gaza Strip is a hostile territories, thus it is prohibited to any aid ship to enters Gaza Strip in order to maintain the effectiveness of blockade itself and justification for Israel in self defense from any threatened things. Keyword : International Humanitarian Law, Humanitarian Action, Israel, Humanitarian Aid Ship, Self Defense, Blockade.

Kata Kunci : Hukum Militer -Israel