Expert: Attack on UNIFIL That Killed 2 Indonesian Soldiers Is a War Crime
Jakarta, CNBC Indonesia - Indonesia is advised to urge the United Nations (UN) to promptly investigate the deaths of three Indonesian soldiers serving in the United Nations Interim Force in Lebanon (UNIFIL) peacekeeping mission. This recommendation comes from Hikmahanto Juwana, Professor of International Law at the University of Indonesia.
Hikmahanto explains that the three soldiers were under UN operational control, making the investigation and legal proceedings the sole authority of the UN Secretary-General, not the Indonesian government.
“It must be understood that the Indonesian soldiers cannot be controlled by the TNI or the Indonesian government because their status is under UN operational control,” Hikmahanto stated in a written statement, quoted on Tuesday (31/3/2026).
He stresses that, in the context of international law, these soldiers are categorised as UN agents under the organisation’s responsibility and protection.
This view refers to the 1949 Advisory Opinion of the International Court of Justice, Reparation for Injuries Suffered in the Service of the United Nations, which affirms the UN as a subject of international law with rights and obligations, including seeking reparations for harm to its personnel.
The case stems from the 1948 murder of UN mediator Count Folke Bernadotte and Colonel André Serot in Jerusalem by a paramilitary group.
In the context of the recent incident, Hikmahanto states that the Indonesian government should push the UN to thoroughly investigate the responsible parties and, if necessary, demand reparations.
“The Indonesian government needs to urge the UN to conduct an investigation, identify the responsible parties, and if necessary, demand reparations,” he said.
War Crime
He also asserts that attacks on UNIFIL headquarters and operational areas can be categorised as war crimes because they violate international humanitarian law.
On the other hand, Hikmahanto believes the Indonesian government cannot unilaterally withdraw its forces from the UN peacekeeping mission, given that operational control lies with the UN.
However, the government can request the UN Secretary-General to evaluate the sustainability of the UNIFIL mission amid escalating conflict between Israel and Hezbollah in Lebanon. If the mission is terminated, then Indonesian troops can be repatriated.
Furthermore, he considers the incident of the three soldiers’ deaths as a serious consideration for the government before sending troops to future International Stabilization Force (ISF) missions. “Ideally, the government should not send troops,” he concluded.