Laksono, Veronica Azzahra Aurel (2024) INTERNATIONAL HUMANITARIAN LAW AND FIQH SIYAR PERSPECTIVES ON THE ISRAELI-PALESTINIAN CONFLICT. S1 Undergraduate thesis, Universitas Darussalam Gontor.

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Abstract

The Israeli-Palestinian conflict has witnessed numerous grave breaches of International Humanitarian Law (IHL), particularly in terms of the protection of civilians and infrastructure. Israel's military offensives in the Gaza Strip since October 2023, including the indiscriminate use of white phosphorus bombs in densely populated areas, have resulted in a devastating humanitarian crisis. This research aims to examine the application of IHL principles in the Israeli-Palestinian conflict and explore potential solutions offered by Fiqh Siyar, an Islamic legal framework related to warfare. The study also seeks to compare and contrast IHL and Fiqh Siyar in addressing violations of international law in armed conflicts. A normative approach with descriptive and historical methods was employed for this research. Primary sources such as Fiqh Siyar books and secondary sources related to IHL and the Israeli-Palestinian conflict were consulted. The findings reveal that Israel has violated the principles of proportionality and civilian protection in IHL. Fiqh Siyar also condemns actions that violate civilian protection and the use of excessive force. This research concludes that international sanctions should be implemented to enforce IHL principles in the Israeli-Palestinian conflict, while Fiqh Siyar can offer alternative perspectives and potential solutions. While this research acknowledges its limitations, it aims to provide valuable insights into the legal and ethical dimensions of the Israeli-Palestinian conflict. It is hoped that this study will contribute to a broader understanding of the conflict and inform future peace efforts and academic exploration.

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