PELINDUNGAN HUKUM TERHADAP ANAK DALAM KONFLIK BERSENJATA DI SUDAN PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

Muhammad Wafa Ariansyah Munir, NIM.: 21103040001 (2025) PELINDUNGAN HUKUM TERHADAP ANAK DALAM KONFLIK BERSENJATA DI SUDAN PERSPEKTIF HUKUM HUMANITER INTERNASIONAL. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The armed conflict that erupted in Sudan in April 2023 has resulted in a significant humanitarian crisis, including numerous casualties and mass displacement. In such situations, children are often among the most vulnerable, frequently becoming direct victims of armed conflict through killings, sexual violence, and forced recruitment by armed groups. The dynamics of the conflict, driven by political differences and the struggle over resources, have led to various violations of international humanitarian law, particularly those related to child protection. This study examines whether legal protections for children in the context of the armed conflict in Sudan align with international humanitarian law. This research employs a library research method, collecting data through the review of legislation, literature, scholarly journals, articles, and online sources. The approach used is empirical juridical, analyzing the application of legal norms within social realities based on prevailing regulations. The research is descriptive-analytical in nature, aiming to systematically describe and analyze the factual conditions of the armed conflict in Sudan to assess the relationship between legal norms and their implementation in practice. The findings of this study indicate that parties involved in the conflict have violated the principles of jus in bello within Just War theory, including the principles of discrimination, proportionality, necessity, and the fundamental principle of distinction under international humanitarian law. These violations are evident in the non-compliance with several instruments of international humanitarian law, such as the Fourth Geneva Convention of 1949, Additional Protocols I and II of 1977, the Convention on the Rights of the Child (CRC) of 1989, the Optional Protocol to the CRC of 2000, and the Rome Statute of 1998. As a result, children’s rights, which should be protected under the principle of the best interests of the child, have not been fulfilled. This non-compliance is influenced by low awareness of the importance of humanitarian law and the dominance of political interests that often override humanitarian considerations.

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