PENERAPAN PRINSIP PEMBEDAAN (DISTINCTION PRINCIPLE) DALAM KONFLIK BERSENJATA ANTARA ISRAEL DAN PALESTINA

The problem of the thesis is the application of the Distinction Principle as one of the core principle of humanitarian law in the armed conflict between Israel and Palestine. The case arise when many NGOs including ICRC and United Nation Fact-Finding Misiion found many civilians injured and killed from both parties as the result of the military activities while The Distinction Principle obligated every parties of the conflict to distinguish civilian and combatant and prohibit civilian and civiliant object to be targeted by military attack. The application also obstructed by the involvement of civilian in the militant organization such as Hamas that make it more difficult to distinguish them with a combatant which will cause a problem because civilian who directly involved with armed conflict will lose their immunity and can be targeted by an attack. This Thesis started by normative legal research that focused on positive legal norms. The data acquired from information based on books, journal, news, article and interview with person whose expert in this area. The conclution was done by deductive analyst of the data collected by the research