ASAS MILITARY NECESSITY PADA KONFLIK BERSENJATA UNTUK MELINDUNGI PENDUDUK SIPIL

Abstract

Military Necessity is a fundamental principle in international humanitarian law that
permits military actions necessary to achieve legitimate military objectives, but must
still limit harm to civilian populations and civilian infrastructure. This study aims to
analyze the application of this principle in contemporary armed conflicts, focusing on
efforts to protect civilians. The research examines the Geneva Conventions, Additional
Protocols, and case studies of modern conflicts to understand the relationship between
Military Necessity and the principle of proportionality, as well as the challenges that
arise in its implementation, particularly in asymmetric conflicts where combatants and
non-combatants are often blended. The findings suggest that while this principle is
widely accepted, its application still frequently presents challenges that lead to violations
of international humanitarian law. Therefore, recommendations to strengthen the
implementation of this principle should be considered in order to enhance protection for
civilians in armed conflicts