THE PROTECTION OF CIVILIAN IN THE ARMED CONFLICT IN THE PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW: AN ANALYSIS ON THE ACTION OF ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) IN ATTACKING THE CIVILIAN

Around the world is currently being stunned by the issue of the armed massacre by Islamic State of Iraq and Syria (ISIS). Some facts show that ISIS brutally conducted slaughter to the civilian. Thousands of people were killed in the places occupied by them. It result 2 questions on what are actually the factors that cause ISIS attacking the civilian and how is the application of international humanitarian law in regulating the protection of civilian toward the action of ISIS in attacking the civilian. The objective of the research is to identify the factor of ISIS in attacking the civilian and to analyze the application of international humanitarian law on the protection of civilian toward the action of ISIS in attacking the civilian. The author uses normative legal research which uses secondary legal material and also statue and historical approach. The characteristic of data analysis in the research is evaluative and prescriptive data analysis. Thus, the research is purposed to find the synchronization of the implementation of international humanitarian law in protecting the civilians in the armed conflict (based on ISIS’s case). The result of the research answers the research questions which show many factors of ISIS in attacking the civilian and the application of international humanitarian law toward its action in the armed conflict. It shows the status of ISIS in international law and finds the breaches of international law which have been committed by ISIS. As an armed group bound by Common Article 3 of the Geneva Conventions and customary international law, ISIS has violated its obligations toward civilians and persons hors de combat. Thus, the research also gives the suggestion for Iraq and Syria Governments toward the protection of their civilians, and for the United Nations to always keep the peace around the world.