STATUS WARGA SIPIL DALAM SITUASI PENDUDUKAN MILITER (ANALISIS PENYIMPANAN PENYANDERAAN ANGKATAN PERTAHANAN ISRAEL DALAM KONVENSI JENEWA) = THE STATUS OF CIVILIANS IN SITUATION OF MILITARY OCCUPATION (AN ANALYSIS OF ISRAEL DEFENCE FORCE DETENTION OF HOSTAGES UNDER THE GENEVA CONVENTIONS)

Background: Military occupation places civilians in a particularly vulnerable legal position due to the effective control exercised by the occupying power. Since the Israeli military occupation of the West Bank, East Jerusalem, and the Gaza Strip, numerous reports have documented the detention of Palestinian civilians by the Israel Defence Forces (IDF), including practices alleged to constitute hostage-taking. These conditions raise serious legal questions regarding the status and protection of civilians under international humanitarian law, particularly the Fourth Geneva Convention of 1949, which explicitly guarantees civilian protection and prohibits the taking of hostages. Purpose: This study aims to analyse the legal status of civilians under military occupation in light of the Fourth Geneva Convention of 1949 and to assess the impact of occupation practices on the protection and legal guarantees afforded to civilians under international humanitarian law. Method: This research employs a normative legal research method by analysing international legal instruments, doctrines, and relevant cases. The approaches used include the statute approach, conceptual approach, and case approach, with primary legal materials derived from the Fourth Geneva Convention of 1949, Additional Protocol I of 1977, the Rome Statute of the International Criminal Court, and relevant international jurisprudence. Result: The study finds that civilians living under military occupation qualify as protected persons under the Fourth Geneva Convention of 1949 and are entitled to humane treatment, protection from arbitrary detention, and absolute protection against hostage-taking. Detention practices that disregard these protections constitute grave breaches of international humanitarian law and may give rise to international legal responsibility, both in the form of state responsibility and individual criminal liability. Conclusion: Military occupation significantly affects the legal status and protection of civilians by exposing them to heightened risks of rights violations. The detention of civilians in a manner resembling hostage-taking by the occupying power contradicts the fundamental principles of international humanitarian law. Therefore, effective enforcement of international accountability mechanisms is essential to ensure the protection of civilians and to uphold the normative authority of the Geneva Conventions.