CD Skripsi
Analisis Hukum Pertanggungjawaban Individu Dalam Penegakan Hukum Pidana Internasional Bagi Negara Yang Bukan Peserta Statuta Roma 1998 (Studi Kasus Presiden Sudan Omar Hassan Al-Bashir)
ABSTRACT
Law enforcement is carried out to maintain, oversee and deliver the law so
that it remains upright in line with the objectives of the law and is not violated by
anyone. Accountability for actions that have caused victims by perpetrators of
crime must be obtained. The International Criminal Court as an international
criminal law enforcement agency plays an important role in trying the
perpetrators of international criminal crimes. This criminal act headed by
Sudanese President Omar Hassan Al-Bashir who attacked ethnic Africans in
Darfur, Sudan caused casualties and refugees who had to find a safe place. The
situation in which Sudan is not a participant in the Rome Statute has prevented
the International Criminal Court from conducting an investigation and
adjudicating any indications of violations that occurred in Sudan.
The aim of this research is to find out and solve the problems of individual
responsibility in international criminal law against countries that are not
participants in the Rome Statute 1998. The type of legal research used is a
normative legal research method with an approach based on legal norms by
discussing statutory regulations that applicable to the material being discussed.
This research resulted in three conclusions, namely the enforcement of
international criminal law based on the provisions of the Rome Statute 1998
through the International Criminal Court as a judicial institution that will carry
out its duties and powers. Second, the position of non-participating countries in
the Rome Statute can be brought to the International Criminal Court through a
UN Security Council Resolution, or non-participating citizens commit crimes in
the territory of participating countries and non-participating countries recognize
the jurisdiction of the Court over their jurisdiction. The three individuals
responsible for Omar Hassan Al-Bashir can be tried in the International Criminal
Court based on the principle of jus cogens which is coercive and based on UN
Security Council Resolution Number 1593 of 2005.
Keywords : International Criminal Court, Rome Statute 1998, Individual
responsibility
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