THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT (ICC) ON CRIMES AGAINST HUMANITY TOWARDS ROHINGYA CASE IN MYANMAR

THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT (ICC) ON CRIMES AGAINST HUMANITY TOWARDS ROHINGYA CASE IN MYANMAR

ABSTRACT Arfiansyah Nasution,2013THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT (ICC) ON CRIMES AGAINST HUMANITY TOWARDS ROHINGYA CASE IN MYANMAR(vi, 65), pp., bibl., app.Mahfud, S.H., LL.M For many years, the horrible situation has been occurring in Myanmar, many of Rohingya people has become victim from the impact in this circumstances.The massacre or even the other violations against Rohingya ethnic is something can not be tolerated after all it has strongly reason. The International Criminal Court (ICC) as the permanent institution and the ultimate court for the most serious crimes including crimes against humanity has important role for punishing the perpetrator in this case. However, the ICC has limitation because of Myanmar is not a party of the ICC. On the other hand, The ICC should have not act passively to allow the perpetrator making the atrocities further. This research aims to explain the Jurisdiction of the International Criminal Court (ICC) on Crimes Against Humanity; how are the mechanisms to bring the actors to the justice; and obstacles faced by the ICC further to implement its authority to the non-member state in particular Myanmar.In order to compile data in the research, library research is applied to get secondary data, through reading, citing and analyzing data that are related to object of research. The methodology applied is legal normative research.The research shows the Jurisdiction of the International Criminal Court (ICC) on Crimes Against Humanityin Myanmar. Then, according to the Rome Statutethere are several mechanims that have been made by the ICC for bringing the perpetrators to the justiceincludedby regarding to the principle of Complementarity and the Universal Jurisdiction, Surrender the perpetrator, and the Option of the Procedure of the Triggerring Mechanism.The legal actions including sanction, advocacy, monitoring and reporting, promoting, investigating, doing cooperation and making recommendations are something need to be concerned. The obstacles faced by the ICC are the one of limitions to the jurisdiction over non-member states and the lack of coordination both member states and non-member states so it impacts on the implementation which make the perpetrators who commit these crime can not be responsible forwards to the court.The ICC is the one way to settle crimes against humanity. In the case of Myanmar, it is recommended that the ICC need to apply its authority to punish the actors behind this. Clear regulation and heavy punishment have to be applied over the perpetrators in Myanmar. Resolving ethnic conflicts and protecting the human rights and freedoms is something needed urgently. Therefore, justice should be determined in order to prevent the atrocities further.

Banda Aceh

Arfiansyah Nst

Fakultas Hukum

2014

http://etd.unsyiah.ac.id//index.php?p=show_detail&id=3430