IMPLEMENTASI HUKUM HUMANITER INTERNASIONAL DALAM KONFLIK BERSENJATA NON-INTERNASIONAL ANTARA PEMERINTAH TURKI DAN PARTAI PEKERJA KURDISTAN

This thesis was made to explain how is the Implementation of International Humanitarian Law in the Non-International Armed Conflict between the Turkish government and Kurdistan Workers’ Party. The problem of this thesis was because the Turkish goverment didn’t recognize the Kurds as belligerents. On the otherside, this conflict fulfill characteristics as a non-international armed conflict. This thesis uses normative legal research method and is compiled by using primary data which consist positive legal norms and secondary data that is literatures, legal facts and documents. The collective data were analyzed by deductive method of thinking, and the conclusions was done by deductive method. From the data analysis it was concluded that the conflict between the Turkish Government and Kurds armed forces qualify as a non-international armed conflict. The protection for the Kurds armed forces and civilians can be found in Article 3 Geneva Conventions 1949 which is applied because Turkey is a ratifying country. Meanwhile, Protocol II/1977 can also be applied because several provisions in this Protocol have become Customary Law