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PEMENUHAN HAK-HAK KORBAN KEJAHATAN PERANG DI RAFAH DITINJAU DARI HUKUM INTERNASIONAL
The Rafah Tragedy was an attack by Israel that involved dropping a 900 kg bomb on the Tel Al-Sultan refugee camp. This assault took place on May 26, 2024, resulting in approximately 45 civilian deaths and injuring dozens more. In this case, no recovery efforts have been made for the victims of the Rafah attack. The international community has long been formulating regulations for war crime perpetrators and for the victims of war crimes to ensure justice for all parties, particularly in fulfilling victims' rights. Although victims' rights have been recognized in international law for some time, the framework to prioritize these rights in cases of international crimes has yet to gain significant attention or popularity. This research aims to analyze the legal instruments that regulate the rights of war crime victims in Rafah and the mechanisms that can be implemented to fulfill those rights. This leads to the central issues of the study: First, how does international law regulate the rights of war crime victims in Rafah? Second, what mechanisms can be used to fulfill the rights of war crime victims in Rafah according to international law? The research employs a normative legal research method using victimology theory and international humanitarian law theory as analytical tools. The study adopts a statute approach and relies on library research as primary legal materials and interviews as secondary legal materials. This research shows that the international legal framework on the rights of war victims still has several weaknesses that hinder the fulfillment of the rights of war victims. War victims have several rights as regulated under international law, such as the right to receive medical care or healthcare services, the right to receive basic supplies, and the right of children to receive education. However, the war victims in Rafah have not received their rights as war victims. This is due to the closure of the Rafah crossing, inadequate healthcare facilities, and the lack of effort from the occupying party, Israel, to fulfill the rights of war victims in Rafah. As a result of the closure, humanitarian aid and medical supplies are blocked from entering Rafah, and the rights of war victims remain unmet. Furthermore, war victims have the right to reparation, such as restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. However, the war victims in Rafah have not received these reparations. This is because there has been no accountability for Israel's military operations in Rafah.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040186 Fauzul Abid Libasuttaqwa Al Kannur
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