Practice Relating to Rule 139. Respect for International Humanitarian Law
Indonesia’s Decree on the Implementation of IHL and Human Rights in State Defence (2002) provides:
2. that the administration of State Defense shall always be guided by humanitarian law, customary international law, and national human rights law as well as by universal international law;
3. that in view of the considerations referred to in points 1 and 2, it is necessary to stipulate a Decree of the Minister of Defense on the application of humanitarian law and human rights law in the administration of State Defense.
1. The application of the humanitarian law from the Geneva Conventions of 12 August 1949, of international customary law, and of human rights law in the administration of State Defense.
2. The law from the Geneva Conventions of 12 August 1949 comprises the following:
a. Convention I for the amelioration of the condition of the wounded and sick in armed forces in the field
b. Convention II for the amelioration of the condition of wounded, sick, and shipwrecked members of armed forces at sea
c. Convention III relative to the treatment of prisoners of war
d. Convention IV relative to the protection of civilian persons in time of war
3. The customary international law comprises international conventions in humanitarian law that are already accepted and applied by the international community.
4. The human rights law comprises human rights provisions that are regulated in various pieces of national legislation and in already ratified human rights conventions or covenants, universal and international.
In its written statement submitted to the ICJ in Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in 2004, Indonesia stated:
The Government of the Republic of Indonesia underlines the fact that a High Contracting Party to the Fourth Geneva Convention has legal obligations to respect and to ensure respect for the provisions of the Fourth Geneva Convention in all circumstances.