Putri, Tiffani Ramalia (2025) Penegakkan Pertanggungjawaban Kejahatan Genosida Bagi Negara yang bukan Peserta Statuta Roma 1998 dalam Hukum Pidana Internasional. Other thesis, Universitas Islam Riau.

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Abstract

he Rohingya conflict is one of the most serious humanitarian crises in Southeast Asia, marked by systematic discrimination, armed violence, mass killings, rape, village burnings, and forced deportations. Amnesty International, Human Rights Watch, and the UN have reported that more than 10.000 people have been killed and 750.000 others have fled to Bangladesh since Myanmar’s military operation in 2016. This has clearly proven that Myanmar has commited international violations against the Rohingya ethnic. Based on the Genocide Convention 1948 and the Rome Statute 1998, Myanmar is evidently guilty of committing serious crimes under international law. Myanmar has also refused to prosecute the perpetrators on the grounds that it is not a party to the Rome Statute. This stance is largely driven by concerns over external interference in the sovereignty of a state dominated by the Myanmar military. This research employs a normative juridical method through a literaturebased approach, analyzing international legal instruments, court rulings, reports from international organizations, and academic literature. The research focuses on the roles of the International Court of Justice (ICJ), the International Criminal Court (ICC), and the United Nations Security Council in addressing Myanmar’s actions against the Rohingya. The findings reveal that legal enforcement against Myanmar can be pursued through a UN Security Council resolution granting authority to the International Criminal Court to conduct investigations, or through the ICC’s exercise of territorial jurisdiction in a Rome Statute parties Bangladesh. The form of accountability that must be demanded includes holding Min Aung Hlaing as the Commander in Chief of the Myanmar military, and Aung San Suu Kyi, as the civilian government leader responsible. They are held accountable for theis failure to protect citizens and prevent the crimes committed within Myanmar territory.

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