KEWENANGAN INTERNATIONAL CRIMINAL COURT DALAM MENGADILI PELAKU KEJAHATAN PERANG PADA NEGARA YANG TIDAK MERATIFIKASI ROME STATUTE 1998
| Main Author: | Dhuara, R Gilang Wisnhu |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss2/31 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1072&context=dharmasisya |
Daftar Isi:
- International Humanitarian Law is a part of the law that regulates provisions for protection of victims of war, the law of war that rule the war itself and everything that concerns the way of war itself. Rome Statute 1998 became the foundation of the International Criminal Court (ICC) is a permanent and independent court that can prosecute the perpetrators of serious crimes, one of them is war. to be able to do the jurisdiction of the ICC in a country, then the country must ratify the Statute. Furthermore, if a country does not ratify the Statute, how the ICC can apply its jurisdiction in a country and what are the obstacles faced by the ICC in applying its jurisdiction in a country that does not ratify the Statute. Approaching method that will be used by writer is normative juridical which means approaching with literature study referring to prevailing law regulation, specific analytical descriptive research with collecting technique data using secondary data that is library’s materials then primary material material used by writer was Rome Statute 1998 and Vienna Convention 1969. Based on the research’s result that has been done by the authors can be concluded that Based on Article 27 and Article 28 Rome Statute 1998 ICC can run its jurisdiction against a person whose nationality does not ratify the Statute because in those articles regulate the application of the same Statute to all people without any differences on the basis of the official position of either a head of state or a government official and a parliament, not exclude a person from the criminal liability provided for in this Statute and the constraints imposed by the ICC are Article 16 of the Rome Statute 1998.It is explained that the Security Council of PBB may prevent and stop investigations or the prosecution of this may be an inhibiting factor because if the permanent members of the security council of PBB have different interests within the ICC.