State Sovereignty and Humanitarian Assistance: Navigating the Tension in International Armed Conflicts

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Elisabeth Septin Puspoayu, Adi Kusumaningrum, Setyo Widagdo, Rika Kurniaty

2024 International Law Discourse in Southeast Asia Vol. 3 Issue 2 Article Cited by 0 SDG 16 Quartile

Abstract

The purpose of this paper is to examine and analyze the position of a country's sovereignty with respect to the provision of humanitarian assistance during an international armed conflict. This research uses legal research with primary and secondary legal materials and legal analysis. The results of this study indicate that state sovereignty is still full and intact in situations of armed conflict, but the state also has responsibilities as a sovereign holder regarding the situation that occurs within its t erritory, so the state is still obligated to meet the needs of its citizens, even in situations of armed conflict, in accordance with the theory of responsible sovereignty. The concept of sovereignty focuses not only on the ability of the state to implemen t or apply the rule of law, but also in situations of armed conflict, the state is obliged to provide protection and fulfillmen without considering that humanitarian assistance coming from outside the country is a form of intervention in its territor. © 2025, Universitas Negeri Semarang. All rights reserved.

Affiliations

Faculty of Law, Universitas Brawijaya, Malang, Indonesia; Faculty of Law, Universitas Negeri Surabaya, Indonesia

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