Kedudukan International Crimnal Court (ICC) Dalam Mekanisme Hukum Humaniter Internasional Menurut Statuta Roma 1998 Tentang Mahkamah Pidana Internasional

Sopiana, Mira (2019) Kedudukan International Crimnal Court (ICC) Dalam Mekanisme Hukum Humaniter Internasional Menurut Statuta Roma 1998 Tentang Mahkamah Pidana Internasional. Undergraduate thesis, Universitas Islam Riau.

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Abstract

International Criminal Court (ICC) is the last business court at the International Court of Justice, in the background of the many demands for justice for extraordinarily cruel crimes, such as genocide (crimes againts humanity), war crimes which has caused enormous human casualties. In Humanitarian Law part of the law that regulates the provisions in war and aims to humanize the war so that victims as a minimum of war can be reduced. But in its implementation, in a war there is often violation, and not in accordance with the provisions that have been applied. The main problem of this research is how does the position of international criminal court (ICC) in the mechanism of international humanitarian law according to the Rome Statute 1998 concerning the International Criminal Court, and how is the authority of the International Criminal Court to try international criminal offenders. The research method used is normative legal research, namely by using library materials, by studying and examining the regulations governing international criminal law, both regulations from the Indonesian government and the constitution issued by the Rome Statute. Based on the results of research and discussion, it can be seen that the International Criminal Court has the competence and constitutional-international jurisdiction to try individuals responsible for crimes against humanity, crimes which, according to the Rome Statute, mean any acts of murder, extermination, slavery or acts other acts stipulated in the Rome Statute. The mechanism of enforcement of international criminal law based on the Rome Statute of 1998 was carried out through several stages, namely the submission of a case by the state party, investigation and prosecution, trial, decision making, finally appeal and review. The suggestion given by the author in this study is that the enforcement of international criminal law must be in accordance with applicable regulations, namely the Rome Statute of 1998. Then enforcement of international criminal law must be separated from intervention from anyone. independent.

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