UNVEILING THE LEGAL COMPLEXITIES SURROUNDING DUAL USE OF CHEMICAL IN GLOBAL AND INDONESIAN CONTEXTS
DOI:
https://doi.org/10.46799/ijssr.v4i9.928Keywords:
Dual-use chemicals, white phosphorus, public health protection, Indonesian Health Law, international law integrationAbstract
The use of white phosphorus as a weapon is highly dangerous, causing direct physical damage to victims and environmental harm. White phosphorus is just one of many dual-use chemicals that have industrial benefits but also pose significant health and environmental risks. This situation leads to violations of fundamental human rights. This study discusses the legal complexities related to the use of dual-use chemicals in both global and Indonesian contexts, with a focus on Indonesia’s Health Law No. 17 of 2023. The research aims to identify legal gaps in the regulation of hazardous chemical use, from both international and national perspectives, and to provide recommendations for improving national regulations to better protect the public from the threats posed by dual-use chemicals. This study uses a normative legal approach with descriptive-analytical methods. It evaluates the gaps between national and international regulations on dual-use chemicals and the practical impact of these differences on public health protection in Indonesia. The study finds significant gaps between national and international regulations, particularly in terms of oversight and regulation of dual-use chemicals. The implementation of current health laws in Indonesia remains weak. International regulations are stricter, but they have not been fully integrated into national policies, resulting in gaps in public health protection from the threats posed by these chemicals.
References
al-Maghafi, N. (2018). Investigasi BBC tentang senjata kimia di Suriah: “Gemetar, busa keluar dari mulut.” BBC News Indonesia.
Carroll, G. (2021). Clearing the smoke: evaluating the United States policy toward white phosphorus munitions in urban contexts. The Military Law and the Law of War Review, 59(1). https://doi.org/10.4337/mllwr.2021.01.01
Geeson, M. B., & Cummins, C. C. (2018). Phosphoric acid as a precursor to chemicals traditionally synthesized from white phosphorus. Science, 359(6382). https://doi.org/10.1126/science.aar6620
Geneva Academy. (2023). Riot Control Agents. Geneva Academy.
Hill, W. L. (1952). Elemental Phosphorus and Phosphoric Acid in the Fertilizer Industry. Industrial & Engineering Chemistry, 44(7). https://doi.org/10.1021/ie50511a019
Khalaf, S. (2023). Excruciating burns and lifelong suffering: The Use of White Phosphorus from Fallujah to Palestine. The New Arab.
Nurazzi, N. M., Harussani, M. M., Zulaikha, N. D. S., Norhana, A. H., Syakir, M. I., & Norli, A. (2021). Composites based on conductive polymer with carbon nanotubes in DMMP gas sensors - An overview. Polimery/Polymers, 66(2). https://doi.org/10.14314/POLIMERY.2021.2.1
Organisation for the Prohibition of Chemical Weapon. (2023). What is a Chemical Weapon? Organisation for the Prohibition of Chemical Weapon.
Organization for the Prohibition of Chemical Weapon. (2023). Chemical Weapons Convention. Organization for the Prohibition of Chemical Weapon.
Tessier, J. D. (2007). Shake & Bake: Dual-Use Chemicals, Contexts, and the Illegality of American White Phosporus Attacks in Iraq. The University of New Hampshire Law Review, 6.
Thao, N. T. P., Nedoma, J., Vu, L. A., & Thi, D. A. N. (2022). A novel phosphor structure for improving the luminous flux of white LEDs. Bulletin of Electrical Engineering and Informatics, 11(2). https://doi.org/10.11591/eei.v11i2.3608
The International Committee of Red Cross. (2023). The International Humanitarian Law Database. The International Committee of Red Cross.
van der Bruggen, K. (2012). Possibilities, Intentions and Threats: Dual Use in the Life Sciences Reconsidered. Science and Engineering Ethics, 18(4). https://doi.org/10.1007/s11948-011-9266-2
Walters, D. B., Ho, P., & Hardesty, J. (2015). Safety, security and dual-use chemicals. Journal of Chemical Health and Safety, 22(5). https://doi.org/10.1016/j.jchas.2014.12.001
WHO. (2023). White Phosphorus. WHO.
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