PERLINDUNGAN TERHADAP TENTARA BAYARAN AMERIKA SERIKAT DALAM KONFLIK BERSENJATA DI IRAK TAHUN 2003 - 2009 BERDASAR HUKUM HUMANITER INTERNASIONAL

War was an inter-state dispute settlement by using armed violence in order to defeat the opponent, so the other side there is no alternative but to fulfill the conditions put forward by the winning side, and therefore many efforts that are used by the parties to win war such as the use of mercenaries. The provisions in humanitarian law that clearly set the new mercenaries contained in the additional protocol I 1977. Article 47 states the following protocol: A mercenary is not entitled to combatant or prisoner of war status. The problems found by the authors of this study is: "How can the protection of the United States of mercenaries in armed conflict in Iraq in 2003-2009 under international humanitarian law?" From this problem authors conducted research on the ICRC by the respondent documentary ICRC representative officer in Indonesia. Researchers conducted interviews with officials of the ICRC documentary Indonesian officers. From research conducted by the authors then found: not yet provide a clear legal protection for a mercenary from the findings of these studies, the authors advise initiative form: that the need i