KAJIAN YURIDIS KEJAHATAN GENOSIDA ANTARA ISRAEL DAN PALESTINA MENURUT THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE TAHUN 1948

Abstract

The Israel-Palestine conflict is one of the longest and most complex conflicts in modern history, lasting for more than seven decades. This conflict has resulted in various human rights violations that have drawn international attention, including allegations that Israel has committed genocide against the Palestinian people, particularly in the Gaza Strip and the West Bank. Genocide is a serious international crime classified as a violation of jus cogens norms in international law, meaning it cannot be justified under any circumstances. This study aims to examine the provisions of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) 1948 and to analyze Israels actions against Palestine from an international legal perspective. Research Questions (1) How is the crime of genocide regulated under the CPPCG? (2) What is the juridical analysis of the case of Israels genocide within the framework of the CPPCG? The research method applied is normative juridical, using statutory and conceptual approaches, with secondary data consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The results indicate that Israels actions against Palestinians meet the elements of genocide as defined in the CPPCG, including killings and the infliction of serious harm with the intent to destroy a particular ethnic group. However, enforcement is hindered by political interests and the weaknesses of international accountability mechanisms. Therefore, an active role of the international community is required to promote the enforcement of international law, ensure justice for victims, and prevent the recurrence of similar crimes in the future.