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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS PERTANGGUNGJAWABAN PELAKU PELANGGARAN
PENGGUNAAN AUTONOMOUS WEAPON SYSTEMS DALAM SERANGAN
DRONE AMERIKA SERIKAT KE AFGHANISTAN PADA 2021
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| Subjek | : |
War crime
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| Pengarang | : |
Aura Salsabila Ayodya Swastiko
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| Pembimbing | : |
Noer Indriati,
Aryuni Yuliantiningsih
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
341.62 SWA t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Armed conflicts in the modern era are starting to be dominated by the use of
Autonomous Weapon Systems (AWS). The absence of regulations that specifically
regulate AWS creates legal uncertainty in enforcing international humanitarian law if
violations occur. This legal uncertainty occurred in the case of a drone attack by United
States in Kabul, Afghanistan on August 29, 2021 which killed ten civilians and was
carried out in a densely populated area.
The purpose of this research is to determine the regulations for the use of
Autonomous Weapon Systems according to international humanitarian law and analyze
legal liability for violations of the use of AWS in drone attacks by United States Troops
to Afghanistan in 2021. This research used statutory, conceptual and case approaches
with descriptive research specifications and conceptual analysis. The data source used is
secondary data. The data collection method is done by literature study, the data obtained
is presented with narrative text, and the analysis method used is normative qualitative.
Based on the research results, there are no regulations that specifically regulate
Autonomous Weapon Systems, so that the study, development and the use of these
weapons must follow the provisions of applicable international law, namely Article 22 of
the 1907 Hague Convention and Article 35 Paragraph (1) of the 1977 Additional Protocol
I, as well as international principles such as the principles of military necessity and
distinction. Accountability for violations of international humanitarian law is done by
compensation carried out by states, based on Article 91 of the 1977 Additional Protocol
I. The United States violated the 1949 Geneva Convention IV, carrying out an attack that
killed ten civilians in a densely populated area using AWS, so that the state can be held
responsible because the damage and losses caused by AWS are the responsibility of the
owner country.
Keywords : autonomous weapon systems, responsibility of perpetrators, distinction
principle, military necessity principle.
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