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Corresponding Author
HAPPY DAVID PRADHAN
Institutions
Jawaharlal Nehru University,
New Delhi, India
Abstract
This legal theoretical article based on secondary sources aims to critique the concept of “Transitional Justice” as against criminal trials and punishment, for the establishment of Rule of Law in post-authoritarian democracies, especially in the context of prosecution for Human Rights Violations during the authoritarian regime.
Keywords
Rule of Law, Transitional Justice, Criminal Prosecution, Human Rights
Topic
International Law
Corresponding Author
Evi Deliana HZ
Institutions
Universitas Riau
Abstract
Memorandum of Understanding (MoU) is one form of international treaties made by the subjects of international law. In the practice of the states, there are times when the MoU is not legally binding, but other state practices emphasize the principle that any international treaty made by states has binding power to them. This article uses normative legal research, especially research on legal principles. The practice of Indonesia regarding the MoU differs from that in other countries, especially common law countries. Where in the context of Indonesian international treaty, the MoU has a binding power as to which other international agreements are followed by Indonesia.
Keywords
MoU, international agreement, Indonesia
Topic
International Law
Corresponding Author
Evi Deliana HZ
Institutions
Universitas Riau
Abstract
Memorandum of Understanding (MoU) is one form of international instrument made by the subjects of international law. In the practice of the states, there are times when the MoU is not legally binding, but other state practices emphasize the principle that any international treaty made by states has binding power to them. This article uses normative legal research, especially research on legal principles. The practice of Indonesia regarding the MoU differs from that in other countries, especially common law countries. Where in the context of Indonesian international treaty, the MoU has a binding power as to which other international agreements are followed by Indonesia.
Keywords
MoU, international agreement, Indonesia
Topic
International Law
Corresponding Author
Fithriatus Shalihah
Institutions
Faculty of law,Ahmad Dahlan University,Yogyakarta Indonesia
Abstract
Since the inception of the Declaration of Human Rights, 1948 the acknowledgment of the HUMAN rights protection for each person has been arranged, so it is hoped that there is no violation of human rights and crimes in every country in the world. Every human being has the right to live peacefully and carry out every activity of religious beliefs without any oppression. But this does not happen to the Rohingya tribe of Burma and the Uyghur tribes of China. So far, various facts have shown that human rights violations have been held against them, both in sustaining life and in exercising their religious beliefs. Countries should give space and comfort to act as perpetrators of human rights crimes against them. The United Nations, ASEAN or other international organizations, as well as other countries, cannot do much of the human rights abuses and humanitarian crimes. This paper will discuss how the international legal view of human rights abuses is. The research method used is normative legal research by using secondary data. Primary UDHR1948, ICERD, and ICCPR. Its secondary legal materials are literature such as books, international treaties, journals, articles, newspapers as well as Internet sites whose authors consider to be relevant to the written object. The results showed that human rights violations against the Rohingya ethnicity and the Uyghur people had violated international law provisions. It should be a proven leader of the country with its policies to have committed human rights violations and humanitarian crimes could be judged international Criminal Court (ICC) as perpetrators of humanitarian crimes and could not be sheltered behind the country. Need the courage and firmness of the UN in addressing this if it still puts the law as a regulator of peace and Order of the world.
Keywords
human rights abuses, China Uighurs, Myanmar ethnic Rohingya, international law.
Topic
International Law
Corresponding Author
Dodik Setiawan Nur Heriyanto
Institutions
Faculty of Law, Universitas Islam Indonesia
Abstract
The world become the witness of the massive development of unmanned aerial vehicles (UAV). There is various type of UAV to support the military power such as the MQ-Predator UAV type or MQ-9 Reaper that commonly used by the United States for military operation. Under the Geneva and Den Haag rules, since UAV becomes part of the missiles of the armed conflict, then it can be targeted as military object. However, this study merely focusses on the use of UAV or typical drones for humanitarian purposes. ICRC may use the same technology to protect the live and dignity of victims of armed conflict. Noting to the fact that the absence of specific conventional rules regarding the utilization of UAV in the armed conflict results range of violations and its missiles can be attacked. By exerting normative legal methodology, this study will analyze two important legal issues: first, whether the current development of UAV could be also being used for humanitarian assistance; and second, whether the international humanitarian law shall be applied in utilizing of UAV for humanitarian necessity in the armed conflict.
Keywords
unmanned aerial vehicles; drone; humanitarian necessity
Topic
International Law
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