Pertanggungjawaban Hukum Atas Serangan Terhadap Wartawan Perang Dalam Konflik Rusia Ukraina Menurut Hukum Internasional

Abstract

A war journalist is someone who is needed to disseminate information based on objective facts in an armed conflict. In the process of doing journalism, war journalists are often threatened with violence, making them vulnerable to the risk of loss of life. International law has provided protection for war journalists in several international treaties. To date, many war journalists have been victimized, leading to death. This study aims to determine the legal responsibility for the death of war journalists in the armed conflict between Russia and Ukraine according to International Law. This research uses normative juridical method, which is legal research with descriptive analytical (qualitative) through library research. The results showed that the protection of war journalists is regulated in the 1907 Hague Convention, the 1949 Geneva Convention, and Additional Protocol I 1977. In terms of legal responsibility for the death of war journalists in the armed conflict between Russia and Ukraine, it is imposed on the military commander in accordance with Article 28 of the Rome Statute because as a person who can issue decisions, approvals, policies, and orders and supervise their implementation and is entitled to be responsible for the actions of his subordinates in carrying out his mission if he knew or should have known and failed to take action to prevent the crime. The subordinates of the commander are also entitled to be tried at the ICC for having complied with Article 25 of the 1998 Rome Statute by carrying out the commander's orders. Ukraine recognizes the jurisdiction of the ICC so the ICC has the authority to prosecute these offenders under the Rome Statute.