PEMBERIAN SANKSI TERHADAP ADANYA TENTARA BAYARAN ATAS KETERLIBATAN DALAM SENGKETA BERSENJATA DITINJAU DARI PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

Abstract

This study was conducted to determine the legal status of mercenaries involved in armed conflicts when viewed from the perspective of International Humanitarian Law and the existence of sanctions that can be applied for unlawful acts against mercenaries in armed conflicts. The type of research used is a normative juridical research. With this it can be concluded that from the perspective of international humanitarian law the legal status of mercenaries is unlawful combatant. If a mercenary has been captured by the enemy in an armed conflict, then the soldier does not have the right to be a prisoner of war. Even though these soldiers have the status of unlawful combatants, they still have the right to be treated fairly according to the law in force in the country where the mercenaries are detained. The imposition of sanctions on the mercenaries is adjusted to the things that have been done and adjusted to the types of crimes that are included in war crimes or crimes that occur in war. If it is a war crime, it can apply law enforcement efforts based on international humanitarian law. However, if it is not included in a war crime, then actions can be applied based on positive law applicable to the country where the crime has been committed.