Suchergebnisse

The dispute over Kashmir was very influential and disturbing in the South Asian region, due to disputes between the two major countries namely India and Pakistan. The feud of two nations for the territory of Kashmir as the territory is still continuing and has attracted much attention from various countries in the dispute resolution efforts. The border sangketa of Kashmir has put a serious challenge for analysts as well as policymakers because the conflict is complex and heterogeneous. Kashmir was a predominantly Muslim region of the north, which had long been disputed after the British came out. Kashmir located on the border between India, Pakistan and China became a region of scramble by all three countries to this day, mainly India and Pakistan. The formulation of the problem to be researched is (1), How are dispute resolution rules between regions under international law. (2) How the dispute resolution in the region of the Khasmir occurred between India and Pakistan. The research is done in a descriptive, typology of this research is a normative juridical is a research law literature. Based on the results of the study can be concluded arrangements in international dispute resolution can be conducted by means of the settlement of a judicial institution consisting of (i) the arbitral tribunal, (ii) settlement through the International Mahkama (ICJ), (iii) Settlement of disputes through the International Criminal Court and with peaceful dispute resolution, the Kashmir territorial dispute occurred due to the conflict of the political interests of both countries and the powers manifested by unilateral claims from India or Pakistan so that the settlement decided the UN to try a new approach by sending UN representatives to India and Pakistan to find solutions that can be agreed upon by both countries. For this to see the better recticatory justice which can further trace the issue.

Article 51 of the Geneva Convention states that the civilian population and civilians must receive protection not to be the target of attack,This convention aims that everyone who is a victim of a terror threat is protected following the Geneva Convention of 12 August 1949. The formulation of the problem is: (1) How is it enforced the law for international humanitarian law violations? (2) Juridical study of law enforcement for violations of war law committed by Russia in Syria ?. In this study, the authors used a normative legal research type. Consists of the materials used are Primary and Secondary materials. The data collection technique was done by using library research; the data were analyzed qualitatively. The conclusions of the research results: (1) Law enforcement for violations of International Humanitarian Law is regulated in the Criminal Tribunal For the Former Yugoslavia (ICTY), Rome Statute 1998, International Criminal Court (ICC). However, the Syrian state is not a participant country that ratifies the international criminal tribunal. It does not mean that Russia's war crimes against Syrian civilians cannot be tried through the International Criminal Court because all citizens are under the International Criminal Court jurisdiction. (2) The juridical study of law enforcement for violations of the laws of war committed by Russia in Syria is regulated in the Geneva Conventions of 1949, in Article 49, Article 50, and in Additional Protocol II 1977 contained in Article 85 and Article 86, in settlement of law enforcement for violations. It is said that the law of war has not run optimally. There are difficulties, namely the United Nations' failure to impose sanctions on Russia as the owner of Veto Rights, Non-Governmental Organizations in the international field can play an essential role in protecting war victims based on the Responsibility to Protect. The resolution aspect is through a gentle approach or a challenging approach. So the immunity against the law which is owned by the top government officials does not apply.