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Kusumawardani, Martha Christina - One of the best experts on this subject based on the ideXlab platform.
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PENGARUH PENEGAKAN KONVENSI JENEWA 1951bTENTANG STATUS PENGUNGSI TERHADAP EFEKTIVITAS PERLINDUNGAN PENGUNGSI
2020Co-Authors: Kusumawardani, Martha ChristinaAbstract:This thesis discusses about the Geneva Convention 1951 effects to refugee status towards the effectiveness of refugee protection. Refugee is the people who passing through the International boundary to protect themselves from the human right violation and conflicts. Meanwhile, Geneva Convention 1951 which focus on refugee protection has stated that the nations who has signed the Convention agreement have the responsibility to protect the refugee. The Convention has been ratified by several countries. The researcher found that some of the several countries violate the agreement, but there is no concrete penalty. The research has been done in January. The method that is used is normative method, by interviewing one person from UNHCR Indonesia. The researcher gives a solution that the Geneva Convention 1951 reformulate the concrete penalty. Finally, the result of the research is that UNHCR also has no concrete penalty so that it builds school for the refugee to develop the effectiveness of the refugee
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PENGARUH PENEGAKAN KONVENSI JENEWA 1951 TENTANG STATUS PENGUNGSI TERHADAP EFEKTIVITAS PERLINDUNGAN PENGUNGSI
2020Co-Authors: Kusumawardani, Martha ChristinaAbstract:This thesis discusses about the Geneva Convention 1951 effects to refugee status towards the effectiveness of refugee protection. Refugee is the people who passing through the International boundary to protect themselves from the human right violation and conflicts. Meanwhile, Geneva Convention 1951 which focus on refugee protection has stated that the nations who has signed the Convention agreement have the responsibility to protect the refugee. The Convention has been ratified by several countries. The researcher found that some of the several countries violate the agreement, but there is no concrete penalty. The research has been done in January. The method that is used is normative method, by interviewing one person from UNHCR Indonesia. The researcher gives a solution that the Geneva Convention 1951 reformulate the concrete penalty. Finally, the result of the research is that UNHCR also has no concrete penalty so that it builds school for the refugee to develop the effectiveness of the refug
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PENGARUH PENEGAKAN KONVENSI JENEWA 1951 TENTANG STATUS PENGUNGSI TERHADAP EFEKTIVITAS PERLINDUNGAN PENGUNGSI
2020Co-Authors: Kusumawardani, Martha ChristinaAbstract:This thesis discusses about the Geneva Convention 1951 effects to refugee status towards the effectiveness of refugee protection. Refugee is the people who passing through the International boundary to protect themselves from the human right violation and conflicts. Meanwhile, Geneva Convention 1951 which focus on refugee protection has stated that the nations who has signed the Convention agreement have the responsibility to protect the refugee. The Convention has been ratified by several countries. The researcher found that some of the several countries violate the agreement, but there is no concrete penalty. The research has been done in January. The method that is used is normative method, by interviewing one person from UNHCR Indonesia. The researcher gives a solution that the Geneva Convention 1951 reformulate the concrete penalty. Finally, the result of the research is that UNHCR also has no concrete penalty so that it builds school for the refugee to develop the effectiveness of the refugee
Vincent Chetail - One of the best experts on this subject based on the ideXlab platform.
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are refugee rights human rights an unorthodox questioning of the relations between refugee law and human rights law
Social Science Research Network, 2012Co-Authors: Vincent ChetailAbstract:The present chapter questions the multifaceted interactions between international refugee law and human rights law. It argues that, contrary to prevailing professional wisdom, the Geneva Convention is not a human rights treaty in the orthodox sense, for both historical and legal reasons. However, human rights law has radically informed and transformed the distinctive tenets of the Geneva Convention to such an extent that the normative frame of forced migration has been displaced from refugee law to human rights law. As a result of this systemic evolution, the terms of the debate should be inversed: human rights law is the primary source of refugee protection, while the Geneva Convention is bound to play a complementary and secondary role. This assertion is grounded on a comparative assessment of refugee law and human rights law. This normative inquiry into their respective scope and content is centred on the three major pillars of the refugee protection regime, namely (1) the access to international protection (primarily determined by the refugee definition and the principle of non-refoulement), (2) the content of international protection (as defined by the refugee status and reinforced by human rights) and (3) its implementation scheme at both the domestic and international levels.
Pratiwi, Tiffany Setyo - One of the best experts on this subject based on the ideXlab platform.
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PEMBERIAN STATUS TERHADAP TERORIS BERDASARKAN KONVENSI JENEWA
'LPPM Universitas Abdurrab', 2020Co-Authors: Kusuma, Grace Natalia, Pratiwi, Tiffany SetyoAbstract:This research analyzes about the status that given towards terrorists according to the Geneva Conventions as a source of International Humanitarian Law. This research is using descriptive qualitative methods to describe the practices carried out by terrorists and violations committed against the International Humanitarian Law. The sources for this research are from literature studies with secondary data sources such as books, articles, research journals, mass media, college notes, and internet sites. This research describing that according to the Geneva Conventions, the status given to terrorists as perpetrators of crimes against humanity is unlawful combatant. In addition, the ICRC also gives unprivileged belligerent status to those who carry out their acts of terrorist as individuals and do not have assimilation with any terrorism groups. Acts of terrorism have also been proven to violates the Geneva Conventions, including Article 33 and Article 147 of the Geneva Convention IV 1949, Articles 51 and 85 of Additional Protocol I 1977, and Article 13 of Additional Protocol II 1977.Tulisan ini menganalisa terkait pemberian status terhadap pelaku terorisme menurut Konvensi Jenewa sebagai salah satu sumber Hukum Humaniter Internasional. Penelitian ini menggunakan metode kualitatif deskriptif untuk menjelaskan praktik yang dilakukan oleh pelaku terorisme dan pelanggaran yang dilakukan terhadap Hukum Humaniter Internasional. Data yang digunakan dalam penelitian ini berasal dari studi literatur dengan sumber data sekunder seperti buku, artikel, jurnal penelitian, media massa, catatan perkuliahan, dan situs internet. Tulisan ini berusaha memaparkan bahwa menurut Konvensi Jenewa, status yang diberikan kepada teroris sebagai pelaku kejahatan kemanusiaan adalah unlawful combatant. Selain itu, ICRC juga memberikan status unprivileged belligerent kepada mereka yang menjalankan aksi terornya sebagai individu dan tidak memiliki asimilasi dengan kelompok terorisme. Tindak kejahatan terorisme juga terbukti melanggar Konvensi Jenewa, antara lainpasal 33 dan pasal 147 Konvensi Jenewa IV tahun 1949,pasal 51 dan 85 Protokol Tambahan I tahun 1977, dan pasal 13 Protokol Tambahan II tahun 1977
Agustina, Kadek Raos Amerta - One of the best experts on this subject based on the ideXlab platform.
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KEBIJAKAN AMERIKA SERIKAT MENGENAI PENOLAKAN PENGUNGSI DARI NEGARA TERTENTU DITINJAU DARI PRINSIP NON DISKRIMINASI BERDASARKAN KONVENSI JENEWA 1951 TENTANG STATUS PENGUNGSI
2019Co-Authors: Agustina, Kadek Raos AmertaAbstract:Abstract. This study aims to examine whether United States of America’s immigration policy which rejects refugees from several countries violated the principle of Non-Discrimination, using Geneva Convention 1951 as a reference. This research is normative legal research that used qualitative analysis methods and deductive reasoning procedure. This research used secondary data with the primary law material and secondary law material. This research concludes that United States immigration’s policy violated Geneva Convention 1951 about refugees especially at article no 3 that determine about the principle of Non Discrimination. United States with their Moslem ban policy was doing some discrimination based on religion, and because they banned some country then it was also a discrimination based on country of origin. As a country which ratified Geneva Convention 1951, the United States of America shall obey all the clause of this Convention. Keywords: Refugee, Non-discrimination, Moslem ban policy
Adam Byrne - One of the best experts on this subject based on the ideXlab platform.
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the 1979 Convention on long range transboundary air pollution assessing its effectiveness as a multilateral environmental regime after 35 years
Transnational Environmental Law, 2015Co-Authors: Adam ByrneAbstract:There is no definitive approach to assessing the effectiveness of international environmental regimes. In order to explore the regime established by the 1979 Geneva Convention on Long-Range Transboundary Air Pollution this article broadly integrates the approach to effectiveness taken by Peter H. Sand in The Effectiveness of International Environmental Agreements, and Daniel Bodansky in The Art and Craft of International Environmental Law. The article finds that compliance, institutional, and normative effectiveness can be evaluated relatively confidently. An effectiveness assessment of the long-range transboundary air pollution (LRTAP) regime indicates that, on the whole, it has helped states to reach agreement on contentious issues and achieve results in air pollution reduction. However, it faces significant challenges with regard to participation, implementation procedures, empowerment of domestic stakeholders, and funding. The article provides an in-depth and up-to-date look at the LRTAP regime, including the most recent amendments and its relationship with European Union and international law.