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A Perspective of International Humanitarian Law STARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW By: Jazmi Adlan Bohari ID No. 017201100008 A Thesis presented to the Faculty of Humanities President University in partialfulfillment of the requirements of Bachelor Degree in Law 2015 THESIS ADVISOR RECOMMENDATION LETTER This thesis entitled “STARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW” prepared and submitted by Jazmi Adlan Bohari in partial fulfillment of requirements for the degree of Bachelor of Law in the Faculty of Humanities has been reviewed and found to have satisfied the requirements for a thesis fit to be examined. I therefore recommend this thesis for Oral Defense. Cikarang, Indonesia, January 19th, 2015 Yance Arizona, S.H., M.H Advisor ii DECLARATION OF ORIGINALITY I declare that this thesis, entitled “STARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW” is, to the best of my knowledge and belief, an original piece of work that has not been submitted, either in whole or in part, to another university to obtain a degree. Cikarang, Indonesia, January 19th, 2015 Jazmi Adlan Bohari iii PANEL OF EXAMINERS APPROVAL SHEET The Panel of Examiners declares that the thesis entitled “STARVATION AS A METHOD OF WARFARE IN "YARMOUK CAMP" SIEGE IN SYRIA: A PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW”that was submitted by Jazmi Adlan Bohari majoring in Law from the Faculty of Humanities was assessed and approved to have passed the Oral Examination on Cikarang, Indonesia, February 5th, 2015. Yance Arizona, S.H., M.H Chair Panel of Examiners/Thesis Advisor M. Mahayoni, S.H., M.H Examiner I Dr. Maria Fransisca M, S.H., S.E., M.Kn Examiner II iv ABSTRACT Starvation as a Method of Warfare in "Yarmouk Camp" Siege in Syria: A Perspective of International Humanitarian Law In 2012, the Syrian Government besieged Yarmouk Camp during the Civil War to drive out rebellious forces. The Syrian Forces prohibit the entry of food, water, medical supplies, and other objects that are indispensable to people’s survival. Nearly 200 people died from starvation and untreatable wounds and diseases. It was only until early 2014; the siege was loosening for a bit, enough for food parcels from humanitarian relief organization to enter the area. Sick and wounded people were also allowed to receive medical treatment. The use of starvation as the method of war is prohibited under the Geneva Convention of 1949, specifically in article 54 (1) of the Addition Protocol I and article 14 of the Protocol II. However, its use under non-international armed conflict is not regulated in the Rome Statute, making it almost impossible to bring the case to ICC. Moreover, the current political climate of Syria makes it impossible to prosecute war criminals using its own criminal law, eliminating the choice of domestic court and hybrid court. Therefore, Ad Hoc Tribunal is the most possible court to prosecute war criminals responsible for intentional starvation as it can constitute intentional starvation as its jurisdiction by using customary laws of armed conflict. Ad Hoc Tribunal will face no problem to prosecute war criminals who are mostly consists of Syrian leaders, such as the president Bashar Al-Assad and other superiors and military commanders. Unfortunately, the Security Council will need to pass a resolution to establish ad hoc tribunals, which is almost impossible due to possible vetoes by Syrian allies, Russia and China. This research aims to discuss starvation under International Humanitarian Law and to provide solution of how war criminals responsible for starvation in Yarmouk can be brought to fair criminal justice which conforms to international standards. This research is a legal doctrinal study using statutory approach and case approach. Keyword: Starvation, International Humanitarian Law, International Tribunal v ABSTRAK Kelaparan sebagai Metode Perang pada Blokade “Yarmouk Camp” di Suriah: Sebuah Perspektif dalamHukum Humaniter Internasional Padatahun 2012, Pemerintah Suriah memblokade Yarmouk, tempat pengungsian warga Palestina terbesar di Suriah, untuk mengusirpasukan-pasukan pemberontak. Pemerintah Suriah melarang kebutuhan pokok seperti makanan, air, dan obat- obatan untuk masuk kedalamYarmouk. Sekitar 200 orang meninggal karena kelaparan dan penyakit atau luka yang tidak sempat diobati. Hingga akhirnya pada tahun 2014, pemerintah Suriah melonggarkan blockade dan mengijinkan makanan dan obat-obatan masuk ke Yarmouk dalam jumlah kecil. Orang sakit dan terluka diijinkan untuk mendapat pengobatan medis. Menggunakan rasa lapar sebagai senjata dalam perang adalah dilarang dalam Konvensi Jenewa 1949; khususnya dalam pasal 54(1) Protokol Tambahan I dan pasal 14 Protokol Tambahan II. Meskipun sudah jelas merupakan pelanggaran hokum humaniter internasional, ICC sebagai lembaga peradilan internasional tidak bisa serta merta mengadili penjahat perang yang bertanggungjawab atas kelaparan di Yarmouk karena tidak ada pasal yang mengatur dalam Statuta Roma. Terlebih lagi, situasi politik di Suriah saat ini membuat pengadilan domestic dan tribunal campuran tidak bisa diandalkan. Olehkarena itu, pengadilan ad hoc merupakan pilihan terbaik karena kelaparan sebagai salah satu hokum humaniter kebiasaan dapat menjadi yurisdiksi dari pengadilan ad hoc jika diatur dalam statute pengadilan. Sayangnya, pembentukan pengadilan ad hoc terbentur masalah diplomasi di tingkat Dewan Keamanan PBB, dimana Rusia dan Tiongkok sebagai sekutu Suriah akan memveto resolusi Dewan Keamanan yang terkait dengan upaya hokum bagi kejahatan perang di Suriah. Penelitian ini bertujuan untuk membahas kelaparan dalam kacamata hokum humaniter internasional dan member penjelasan tentang bagaimana pertanggungjawaban penjahat perang di Yarmouk dalam pengadilan bertaraf internasional. Penelitian ini merupakan penelitan hukum doktrinal dan menggunakan statutory approach dan case approach. Kata Kunci: Kelaparan, HukumHumaniterInternasional, PeradilanInternasional vi ACKNOWLEDGEMENT Bismillahirrohmanirrohim.In the name of Allah the most Gracious and the most Merciful. This thesis is constructed as one of the requirements end in order to obtain my Bachelor Degree of Law in President University. These are several of many people who contributed in this thesis completion and deserve more than millions of thanks: • I dedicate my greatest gratitude to Allah SWT for the blessing, favor, guidance, and opportunity to finish this thesis research. • To my parents, who always supported me and never got tired to remind me to take care of my health. You are my biggest inspiration. • To my sister and brother, who always helped and cheered me up with all those annoyances, jokes and laughter. • To Ms. Nadya Putri Anggarini, SH, MH for all the times spent to guide and advise me as well as giving needed correction during my thesis writing as being my beloved advisor. • To Dr. Maria Francisca M, SH, SE, M.Kn as the Head of Law Study Program along with Mbak Sania and Mbak Maya who have helped me completing this thesis. • To Mr. Kushartoyo Budi Santoso, SH, MH as my internship supervisor in the ICRC Jakarta, who always support me and help me get through things and situations both during inside and outside the workplace with his outstanding suggestions and advises. • To all staffs of the ICRC Jakarta: Mr. Jerome, Mr. Robin, Mr. Andrew, Mr Nima, Mr. Andres, Mbak Isworo, Pak Iven, MbakFitri, Bu Rina, Mbak Dini, Mbak Minuk, Kak Cula, Mbak Rini, Pak Sonny, Pak Freddy, Pak Zezen, Pak Novri, MbakMelati, MbakAnnisa and MbakAnisa, Mbak Lana, Mbak Atiah, Mbak Dessy, Mbak Mae, Mbak May, Mbak Mia, Mbak Ana, Pak Mul, Mbak Lidya, Mbak Tuti, Mbak Sugi, Mbak Kokom, Mas Roso, Mas Winarwan, Mas Edi, Mas Bani, Pak Yadi, Pak Tarjo, Pak Iwan, Mas Dodo, and other staffs that I cannot mention one by one. Thank you for having me as a part of your family for 8 months. vii • To all my friends in the Law 2011, especially the Infotemen group: Alqabani Syahrizal, Anthony Djordan, Feby Fitahr, Difa Ramadhani Harummas, Libert Habeahan, and M. Fadhly Dzil Ikram. Thank you for the wonderful moment for the past 4 years. Without you guys, I will forever be a geeky nerd! • To Fitri Habiba Mahmuda, who always hears my continuous complaints about everything and always gives me those snarky but strongly helpful advises. She never brings me down, but when I do get down, she always make the best of her to get me back to my feet. She looks up to me but at the same time I also admire her. I thank you for everything. Things will never be the same without you. At the end, I finally present this thesis and wish it could be beneficial for all parties who read it.But I really wish that this thesis will be useful for the law students who passionate about international law and the laws of armed conflict. JazmiAdlanBohari viii TABLE OF CONTENTS Thesis Advisor Recommendation Letter……………………………………….. ii Declaration of Originality…………..………………………………………….. iii Panel of Examiners Approval Sheet ……...…………………………………….. iv Abstract ……………………………………………………………………….... v Acknowledgement ……………………………………………………………… vii Table of Contents ……………………………………………………………… . ix Table of Appendix …………..…………………………………………………. xi I. Introduction A. Research Background ………………………………………………….. 1 B. Research Questions ………………………………………...................... 9 C. Purpose of Research ……………………………………………………. 9 D. Benefit of Research …………………………………………………….. 10 E. Method of Research
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