The International Criminal Court;Development Of international Law Related To Sovereignty Of State And The Concept Of Universal Jurisdiction
| Main Author: | Zuhir, Mada Apriandi |
|---|---|
| Format: | Article PeerReviewed application/pdf |
| Terbitan: |
Fakultas Hukum Universitas Sriwijaya
, 2008
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| Subjects: | |
| Online Access: |
http://eprints.unsri.ac.id/2696/1/Cover.pdf http://eprints.unsri.ac.id/2696/2/Isi.pdf http://eprints.unsri.ac.id/2696/ |
Daftar Isi:
- Prior to World War II and during the Cold War, states were reluctant to violate the sovereignty norm to hold leaders accountable in international tribunals. The establishment of the ICC is considered breaking up the traditional notion of state sovereignty, which the state is subject of international law in nature. Under the international obligations, individual as subject of international law can be found not only in the Rome Statue 1998 but also in some of international document such as Nurenberg Charter, Tokyo Charter the Genocide Convention, the Geneva Conventions and their additional protocols, and the Universal Declaration of Human Rights, The Covenants on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, Statue of ICTY, and statue of ICTR. Based on these international obligations, every state has a duty to protect people’s rights. Therefore, the prohibition of war crimes, crimes against humanity, genocide and the crime of aggression has become part of jus cogens and every States has an obligation erga omnes to punish them