HAMBATAN ICRC DALAM MEMONITOR PENGHORMATAN HUKUM HUMANITER DI KONFLIK SURIAH
Abstract
This paper attempts to explain why the findings of violations of humanitarian law owned by the ICRC can not ensure respect for those laws in the Syrian conflict. This has resulted in a delay in achieving one of the ICRC's mandates to ensure respect for humanitarian law in armed conflict. The conflict in Syria has been occuring since 2011 and has led to numerous reports of violations of humanitarian law. This violation caused a large-scale humanitarian crisis in Syria. The ICRC as an international organization mandated to ensure respect for humanitarian law has taken several actions to stop abuses such as the dissemination of humanitarian law and confidential dialogue with the Syrian government. It is just that the efforts made do not help the ICRC to achieve its function. This constraint is influenced by two determinants of the ICRC's own rational-legal authority as an international organization as explained through the theory of the Barnett-Finnemore OI dysfunction and Waldvogel's global governance effectiveness. The conflicting ICRC legal-rational authority impedes the achievement of the ICRC's function in ensuring respect for humanitarian law. In addition to this, the ineffectiveness of global governance in the issue of humanitarian law is also the reason why respect for humanitarian law in armed conflict is still weak.