The Role of International Humanitarian Law in the Conflict with the West Papua Liberation Army

This research examines the application of International Humanitarian Law (IHL) in the conflict between the Indonesian National Armed Forces (Tentara Nasional Indonesia, or "TNI") and the West Papua National Liberation Army (TPNPB). The main focus is to assess the legal status of TPNPB as a non-state armed actor and examine the extent to which the TNI's authority in military operations has been in accordance with the principles of proportionality, distinction, and precaution. Using qualitative legal research and conceptual, statutory, and historical approaches, the findings indicate that the conflict in Papua has fulfilled the elements of a non-international armed conflict (NIAC), although it has not been officially recognized by the Indonesian government. In addition, the implementation of TNI's authority in Military Operations Other Than War (OMSP) is considered to have the potential to violate IHL principles because of its impact on civilians. This research recommends a more consistent application of IHL to ensure the effective protection of civilians in domestic conflicts.

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Publication Details

Journal
Jurnal Penelitian Hukum De Jure
Published
2025-09-03
DOI
https://doi.org/10.30641/dejure.2025.v25.189-200
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
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article

The Role of International Humanitarian Law in the Conflict with the West Papua Liberation Army

Muhammad Anshori Sudirman
Jurnal Penelitian Hukum De Jure
International Maritime Law Issues
article

The Role of International Humanitarian Law in the Conflict with the West Papua Liberation Army

Muhammad Anshori Sudirman
article en

Abstract

This research examines the application of International Humanitarian Law (IHL) in the conflict between the Indonesian National Armed Forces (Tentara Nasional Indonesia, or "TNI") and the West Papua National Liberation Army (TPNPB). The main focus is to assess the legal status of TPNPB as a non-state armed actor and examine the extent to which the TNI's authority in military operations has been in accordance with the principles of proportionality, distinction, and precaution. Using qualitative legal research and conceptual, statutory, and historical approaches, the findings indicate that the conflict in Papua has fulfilled the elements of a non-international armed conflict (NIAC), although it has not been officially recognized by the Indonesian government. In addition, the implementation of TNI's authority in Military Operations Other Than War (OMSP) is considered to have the potential to violate IHL principles because of its impact on civilians. This research recommends a more consistent application of IHL to ensure the effective protection of civilians in domestic conflicts.

Jurnal Penelitian Hukum De JureVol. 25(3)
Openalex Percentile: Top 67%
International Maritime Law Issues
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