Kewenangan ICRC dalam Laporan Pelanggaran Berat Hukum Humaniter Internasional dalam kasus Abu Ghraib.
THE AUTHORITY OF ICRC TO REPORT SERIOUS VIOLATION OF
INTERNATIONAL HUMANITARIAN LAW IN THE CASE OF ABU GHRAIB
ABSTRACT
Rifqi Fadhlilah
110113080025
During the armed conflict in Iraq in 2003, the coalition forces did a lot of
captivity to the citizens of Iraq. The arrest is deemed contrary to international
humanitarian due to the fact that torture had been committed by the Coalition
Forces. ICRC as an international organization that aims to protect those
prisoner, visits the prisoners’ camp. Problems emerged when the ICRC report
on torture to the Detaining Powers. Those report aims to provide
recommendations to the Detaining Powers to make improvements of the
condition of the prisoners. However, problems emerged when the report was
leaked to the media.
Research was conducted in analytical descriptive study with the approach
juridical normative. This study describes the international legal issues
surrounding international crimes that occurred at Abu Ghraib Prison. Then the
issues - legal issues were analyzed using normative juridical approach which
is based on the data – the data is the source itself - the source of law, legal
theory and doctrine.
From this research, it can be concluded that the actions taken in the
framework of ICRC protection to prisoners of the war who were taken prisoner
at Abu Ghraib were in accordance with the Geneva Conventions of 1949 and
its operational Standards. The leak happened in the granting of the report's
recommendations is not the responsibility of humanitarian law the ICRC this is
due to the leakage is not performed by ICRC and cannot be attributed to the
ICRC as well as all the procedures have been funded according to the law.
They also have implemented their fundamental principles in partnership with
anchoring in order to make a visit to improve the conditions of prisoners in Abu
Ghraib.
INTERNATIONAL HUMANITARIAN LAW IN THE CASE OF ABU GHRAIB
ABSTRACT
Rifqi Fadhlilah
110113080025
During the armed conflict in Iraq in 2003, the coalition forces did a lot of
captivity to the citizens of Iraq. The arrest is deemed contrary to international
humanitarian due to the fact that torture had been committed by the Coalition
Forces. ICRC as an international organization that aims to protect those
prisoner, visits the prisoners’ camp. Problems emerged when the ICRC report
on torture to the Detaining Powers. Those report aims to provide
recommendations to the Detaining Powers to make improvements of the
condition of the prisoners. However, problems emerged when the report was
leaked to the media.
Research was conducted in analytical descriptive study with the approach
juridical normative. This study describes the international legal issues
surrounding international crimes that occurred at Abu Ghraib Prison. Then the
issues - legal issues were analyzed using normative juridical approach which
is based on the data – the data is the source itself - the source of law, legal
theory and doctrine.
From this research, it can be concluded that the actions taken in the
framework of ICRC protection to prisoners of the war who were taken prisoner
at Abu Ghraib were in accordance with the Geneva Conventions of 1949 and
its operational Standards. The leak happened in the granting of the report's
recommendations is not the responsibility of humanitarian law the ICRC this is
due to the leakage is not performed by ICRC and cannot be attributed to the
ICRC as well as all the procedures have been funded according to the law.
They also have implemented their fundamental principles in partnership with
anchoring in order to make a visit to improve the conditions of prisoners in Abu
Ghraib.