Padjadjaran Journal of International Law

The Ineffectiveness of PERAC 2022: Why Environmental Damage in Armed Conflict Demands a Binding International Convention?

2026-02-26T22:21:07+00:00

Environmental damage in armed conflict causes severe ecological damage. Although various international legal instruments have attempted to protect the environment in situations of armed conflict, in reality many countries still ignore the principles contained in these international legal instruments. This study examines the urgency of establishing a binding convention through doctrinal legal research using a constructive approach. Existing legal instruments will be analyzed to identify systemic gaps in the form of: normative ambiguity in protection standards, the absence of operational accountability mechanisms, and the non-binding status of the most comprehensive instrument (PERAC). The results of the study show that various international legal instruments aimed at protecting the environment in situations of armed conflict still have legal gaps, therefore an international binding convention is needed to address this. In addition, this study also proposes a conceptual framework for the convention by integrating the principles of lex specialis, state responsibility, and lessons from successful international environmental agreements such as the Montreal Protocol, as well as the experience of the UNCC in the 1991 Gulf War. This study contributes to the progressive development of international law by bridging the gap between normative consensus and binding accountability for environmental damage in warfare.

Airspace Management Interoperability in Enhancing National Air Defense System Indonesia and Russia

2026-02-26T22:27:17+00:00

National defense is a crucial aspect of a country's existence, as it determines the guarantee of its survival. The inability of a country to defend itself from threats, both internal and external, can lead to its demise. Globalization, which is synonymous with advancements in science and technology, has given rise to new forms of threats that are multidimensional in nature. These threats can emanate from ideological, political, economic, socio-cultural, and national defense and security issues. The complexity of these issues requires an integrated approach, involving various government agencies and institutions. The Indonesian Constitution explicitly mandates that every citizen has the right and duty to participate in national defense efforts. In facing military threats, the national defense system places the Indonesian National Armed Forces (TNI) as the main component, supported by reserve and supporting components. In facing non-military threats, the system places government agencies outside the defense sector as the main component, adjusted to the nature and characteristics of the threat. Airspace management is critical in the context of national security, as airspace can be used as a medium for attacks or threats. The development of technology has made airspace a vital component of modern life, with various sectors having interests in its use, including economics, business, science, technology, environment, sports, and defense. However, the current management of airspace is fragmented, with different sectors managing it according to their interests, potentially leading to overlapping interests. Moreover, there are issues related to the lack of integration of institutional and human resource aspects, as well as technology and infrastructure, in airspace management. Interoperability is the ability of two or more systems and devices to communicate and work together to achieve common goals efficiently and effectively. In the context of airspace management, interoperability is crucial to ensure the integration of various systems and devices. This joint research aims to conduct a study on regulations, strategies, and efforts to achieve interoperability in national airspace management in Indonesia and Russia, in order to improve the national defense system. Russia is chosen as a partner country due to its strong interoperability in airspace management. Russia has implemented an airspace management system based on information technology and has developed advanced air traffic control infrastructure to ensure safety and efficiency in flight operations, as well as integration with the national air defense system

Authoritarian Regimes and Reservations Towards International Human Rights Treaties: the Analysis of Malaysia, South Korea, and Indonesia

2026-02-26T22:28:33+00:00

Examining the situations of Malaysia, South Korea, and Indonesia, this research investigates the problem and background of authoritarian regimes' opposition to international human rights treaties. Even while these nations have undergone transitions from authoritarianism to varied degrees of democratic administration, they have also shown reluctance to fully embrace international human rights principles and commitments. This article utilizes a qualitative method of research from documents deriving from the internet. Further, this article gives insight on the complex interplay between authoritarianism, national interests, and human rights obligations by analyzing domestic settings, institutional structures, and geopolitical operations. The article also emphasizes how these reservations affect how well international human rights treaties are implemented in these nations. By elucidating the complexities surrounding authoritarian regimes' reservations towards human rights treaties, this research contributes to a deeper understanding of the challenges faced in promoting and protecting human rights in diverse political contexts. Essentially, this article provides that not all authoritarian regimes neglect the protection of human rights.

The Authority and Challenges of the UNSC regarding the Proliferation of Weapons of Mass Destructions: Sanctions Resolutions against North Korea as material for analysis

2026-05-25T04:07:50+00:00

Regarding the proliferation of weapons of mass destruction, the United Nations Security Council (UNSC) has adopted sanctions resolutions against North Korea's nuclear weapons development program. However, the use of veto power by Russia, as a permanent member, has placed the sanctions system against North Korea in a precarious position, highlighting structural problems within the UNSC. This study uses a normative juridical method with a descriptive-analytical approach based on official documents, academic journals, and reports from the UN. The results of this study show that the UNSC has been effective in some cases, particularly in the post-Cold War international community. However, structural problems within the UNSC remain to this day, whereby the UNSC has the potential to become dysfunctional due to the use of vetoes, highlighting the need for structural reform of the UNSC.

Israel’s Obligations in the Killing of Medical Personnels in Rafah Paramedics Massacre

2026-02-26T22:21:08+00:00

The Rafah Paramedics Massacre stands as one of the gravest atrocities against medical personnel and a blatant violation of the Geneva Convention that must be recorded in history. The killing of 15 emergency workers by Israeli forces resulted merely in the dismissal of the responsible officer. As a High Contracting Party to the Geneva Convention, Israel bears a legal obligation to address violations of the Convention as a form of state accountability. However, to date, there has been no indication that Israel has fulfilled its obligations as stipulated under the Convention. This study examines the "professional failure" claim asserted by Israel in comparison with a series of facts discovered and reported by various media outlets, and proceeds to identify the specific violations committed by Israel in the Rafah Paramedics Massacre. The data is then compiled to outline Israel’s obligations under the Geneva Convention. Based on this analysis, it is evident that Israel has failed to fulfill its legal responsibilities and has instead allowed the perpetrator of a war crime to go unpunished, subject only to administrative dismissal without any criminal sanction.