JAKARTA - The Ministry of Foreign Affairs of the Republic of Indonesia (Kemlu) and the International Committee of the Red Cross (ICRC) held expert discussions on international humanitarian law, marine law and the implementation of UNCLOS in a war situation, within the framework of the Global Initiative to Galvanise Political Commitment to International Humanitarian Law (Global IHL Initiative).
Thematic focus of marine warfare aims to increase protection against civilians and infrastructure in maritime conflicts, as well as encourage the application of international humanitarian law, marine warfare law, and UNCLOS in accordance with current challenges, especially in war situations.
Some of the crucial issues discussed include the interaction between the law of sea warfare and UNCLOS; protection of the marine environment in armed conflict at sea; protection of civilians at sea; security of civilian infrastructure is important; and maritime neutrality.
In his capacity as Joint Chair of the Thematic Focus of Marine Warfare, the Director General of Law and International Agreement of the Indonesian Ministry of Foreign Affairs, Ambassador L. Amrih Jinangkung, emphasized the importance of digging deeper into interactions between international law regimes, particularly UNCLOS and marine warfare law, which are still minimal.
The meeting also discussed the challenges of implementing UNCLOS in armed conflict, especially given the technological advances in modern marine warfare such as unmanned underwater vehicles (UUVs), marine environmental protection, navigation rights, and the interests of neutral coastal countries, needing attention.
"As a common chairman in this thematic focus, Indonesia fully believes that the relationship between UNCLOS 1982, International Humanitarian Law, and the Law of Marine Warfare is a field that needs to be studied further to clarify the boundaries between legal regimes that have a close connection," he explained in a discussion that took place in the Archipelago, the Indonesian Ministry of Foreign Affairs on May 6-7.
Meanwhile, the Head of the ICRC Regional Delegation for Indonesia and Timor-Leste Vincent Ochilet highlighted the timeliness of the holding of this discussion.
According to him, the law of marine warfare was largely formulated in the early 20th century, while maritime conditions have changed significantly since then. Therefore, Ochilet continued, countries need to reconsider their approach to armed conflict at sea, as well as the application of a more humanitarianly oriented marine warfare law and the protection of civilians.
"The treatment that specializes maritime domains in the development of marine war laws needs to be balanced with humanitarian considerations. It is very important to realize that, in a maritime environment that is globally interconnected, armed conflict in the sea can have a major impact on the civilian population both at sea and on land," he explained.
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The Global IHL Initiative was launched in September 2024 by Brazil, RRT, France, Jordan, Kazakhstan, South Africa, and the ICRC, with the aim of reversing a downward trend in respect for international humanitarian law in today's armed conflict.
To date, more than 70 countries have expressed support for this initiative, which is divided into seven thematic focuses. Indonesia and Egypt act as joint leaders for the theme of marine warfare.
This meeting was attended by 17 experts from various parts of the world with extensive experience and expertise in marine law and international law, in order to deepen understanding of the challenges of humanity that exist and that arise in marine warfare, gather the best views and practices, and identify practical approaches to the application of international humanitarian law in situations of war at sea.
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