scholarly journals PENYELESAIAN KASUS PELANGGARAN HAK ASASI MANUSIA BERAT TERHADAP ETNIS ROHINGYA DI MYANMAR BERDASARKAN HUKUM INTERNASIONAL

2021 ◽  
Author(s):  
Fahry Nugroho
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Peace ◽  
International Obligations ◽  
Mediation System ◽  
Materials Used ◽  
Human Rights Violation ◽  
Made In

This paper aims to described and analyse rules of international law with respect to protection against ethnic rohingya, and find out and analyse the efforts that can be made in resolving the cases of severe Human rights violations against the ethnic rohingya in Myanmar based on international law. The Research is conducted through normative. The materials used are the primary, secondary, and tertiary studies of librarianship. It is found that Myanmar government has commited international wrongfull act by neglecting its international obligations in protecting international community’s interest toward international peace and security. For such human rights violation, Myanmar has an obligation to resolve it under article 33 of the UN Charter throught diplomacy before bringing to judicial institution. The diplomacy can be done through mediation system and if it fails, then such violation can be brought before the ICC (International Criminal Court) and should be sentenced based on international law.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

Part III Epilogue and Reflections, 8 Conclusions and the Way Forward

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
Future Prospects ◽  
International Peace ◽  
Draft Convention

The chapter describes international efforts to close the gaps in existing treaties on the obligation to extradite or prosecute. These include: (i) the joint initiative for the adoption of a new international instrument on mutual legal assistance and extradition for the effective investigation and prosecution of the most serious crimes of international concern, in particular, the crimes of genocide, crimes against humanity, and war crimes, by domestic jurisdictions; and (ii) the International Law Commission's work on a draft convention on Crimes against Humanity. The chapter also explores the issue of capacity building for the national judiciary and a regional judicial mechanism to help alleviate the burden of the International Criminal Court; national peace/reconciliation, international peace/stability, and other considerations against the implementation of the obligation to extradite or prosecute; the operation of transitional justice as an alternative to prosecution; and the implications of the atrocities in Syria for the future prospects of this obligation in the context of international criminal justice.

Part III The Right to Justice, A General Principles, Principle 19 Duties of States with Regard to the Administration of Justice

2018 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Historical Background ◽  
Human Rights Violations ◽  
International Crimes ◽  
Administration Of Justice ◽  
The Right

Principle 19 outlines the duties of States with regard to the administration of justice for victims of serious human rights violations and other international crimes. Under this Principle, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and adequately punished. A state’s (criminal) justice obligations have long been recognized by regional human rights courts and international human rights bodies. While the fight against impunity is the explicit aim of the International Criminal Court (ICC) and a major goal of the United Nations, the duty to prosecute lies primarily with the domestic justice system with regional or international mechanisms being subsidiary or complementary. This chapter first provides a contextual and historical background on Principle 19 before discussing its theoretical framework and how human rights courts and treaty bodies have interpreted the duty of States to investigate and prosecute serious human rights violations.

scholarly journals TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL

2018 ◽  
Vol 3 (1) ◽  
pp. 1-12
Author(s):  
Dewi Bunga ◽  
Dewi Bunga
Keyword(s):  
International Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Peace ◽  
International Crimes ◽  
The People ◽  
International Conventions

The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.

An Analysis of the Cooperation Regime of the International Criminal Court and its Effectiveness in the Court’s Objective in Securing Suspects in its Ongoing Investigations and Prosecutions

2012 ◽  
Vol 12 (5) ◽  
pp. 937-962 ◽  
Author(s):  
Rita Mutyaba
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
State Party ◽  
Enforcement Mechanism ◽  
Enforcement Mechanisms

The International Criminal Court (ICC) has to rely on the cooperation of State Parties and non-party States in the arrest and surrender of accused persons who commit crimes within the court’s jurisdiction because it lacks an enforcement mechanism to apprehend those individuals. However, a State can refuse to cooperate with the Court based on competing requests for extradition of an accused, incompatibility of the cooperation request with international law, when the execution of the cooperation request is prohibited by national law, concern that the suspect’s human rights will be violated, the cooperation request has problems that may impede or prevent the State Party from executing the request; sovereignty claims. Notwithstanding these reasons, the cases before the Court show that the ICC has been largely successful in securing the arrest and surrender of accused persons. However, alternative enforcement mechanisms of cooperation requests should be considered as a means of apprehending suspects.

Africa, the International Criminal Court, and Human Rights

2020 ◽  
pp. 134-160
Author(s):  
Derrick M. Nault
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
Crimes Against Humanity ◽  
The Past ◽  
The Hague ◽  
Ongoing Support ◽  
Made In

Chapter Five discusses the operations of The Hague-based International Criminal Court (ICC), which aims ‘to end impunity’ by punishing perpetrators of the gravest crimes known to humankind—crimes against humanity, genocide, war crimes, and crimes of aggression. Despite its promise, the court has been criticized for its overemphasis on African situations. This chapter assesses African criticisms of the ICC and their accuracy, suggesting that, although they are not always without merit, the court exists as it does today due to African requests for assistance as well as the early and ongoing support of African member states. The chapter also considers the past, present, and possible future impact of the ICC on human rights and international justice in Africa, suggesting that notable progress is being made in both inter-related areas. Finally, it argues that, as with previous eras, Africans have exerted an important yet largely unrecognized influence on human rights in recent times, in this case vis-à-vis the ICC.

scholarly journals THE EXPANDING PROTECTION OF MEMBERS OF A PARTY'S OWN ARMED FORCES UNDER INTERNATIONAL CRIMINAL LAW

2019 ◽  
Vol 68 (04) ◽  
pp. 943-976
Author(s):  
Cóman Kenny ◽  
Yvonne McDermott
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Armed Forces ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Human Rights Law

AbstractDoes international law govern how States and armed groups treat their own forces? Do serious violations of the laws of war and human rights law that would otherwise constitute war crimes or crimes against humanity fall squarely outside the scope of international criminal law when committed against fellow members of the same armed forces? Orthodoxy considered that such forces were protected only under relevant domestic criminal law and/or human rights law. However, landmark decisions issued by the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) suggest that crimes committed against members of the same armed forces are not automatically excluded from the scope of international criminal law. This article argues that, while there are some anomalies and gaps in the reasoning of both courts, there is a common overarching approach under which crimes by a member of an armed group against a person from the same forces can be prosecuted under international law. Starting from an assessment of the specific situation of the victim, this article conducts an in-depth analysis of the concepts of ‘hors de combat’ and ‘allegiance’ for war crimes and that of the ‘lawful target’ for crimes against humanity, providing an interpretative framework for the future prosecution of such crimes.

scholarly journals A New Perspective on the International Criminal Court: Why the Right Should Embrace the ICC and How America Can Use It

2006 ◽  
Vol 68 (1) ◽  
Author(s):  
Ron Sievert
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Global Solutions ◽  
Romantic Attachment ◽  
The United States ◽  
Criminal Court ◽  
Left Wing ◽  
The Right

In examining the response of the U.S. to the development of international law and institutions, one observes that the proponents of an international approach are traditionally idealists and those representing the left wing of American politics. The opposition tends to be led by conservatives and nationalists. A review of public statements surrounding the creation of the ICC reveals that it is no exception. The Court was formed, in the words of Kofi Annan, to help “ensure that no ruler, no State, no junta and no army anywhere can abuse human rights with impunity . . . that those who violate those rights will be punished.” Organizations such as Human Rights First, Human Rights Watch, Amnesty International and Citizens for Global Solutions have heavily promoted the ICC, and many international lawyers have expressed a “romantic attachment” to the idea that the Court can efficiently judge and deter war criminals and those who abuse human rights. However, as early as 1998, members of America’s political right wing, such as Senators Jessee Helms and John Ashcroft, have made it clear that they viewed the ICC as a threat to U.S. national sovereignty and our preeminence in world affairs. Senator Ashcroft stated that the Court was a “continuing threat to the national interest,” while Senator Helms declared that “the United States will never—and I repeat, never—allow its national security decisions to be judged by any international criminal court.” AmbassadorJohn Bolton and the Cato Institute also took strong and early stands against the Court, with Ambassador Bolton declaring that the adoption of the ICC breaches “the American citadel . . . , advocates of binding international law will be well on the way toward ultimate elimination of the ‘nation state.’”

scholarly journals Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 251
Author(s):  
Novy Septiana Damayanti
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Secondary Data ◽  
Criminal Court ◽  
International Organization ◽  
Community Interactions ◽  
The United Nations

International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.

scholarly journals Pakistan’s Commitment to Human Rights: A Probe into the Question of Ratification of the Rome Statute of International Criminal Court

2020 ◽  
Vol 5 (1) ◽  
pp. 55-77
Author(s):  
Mazhar Ali Khan
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
National Interests ◽  
Public International Law

The question of ratification of the Rome Statute of International Criminal Court is one of the most debated questions in public international law. Because it involves strict commitment to human rights many states often see it as a hurdle to their national interests. Nevertheless a number of states have ratified the statute except a few. Pakistan is one of those states that have not ratified the Rome Statute even though it has been a party to various other treaties on human rights. This article focuses on the question why Pakistan did not ratify the statute? The article also provides recommendations how the ratification can be made possible.

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