KAJIAN YURIDIS KEJAHATAN PERANG YANG DILAKUKAN PERDANA MENTERI ISRAEL BENJAMIN NETANYAHU DALAM PERSPEKTIF HUKUM INTERNASIONAL

Abstract

ABSTRACT

The Rome Statute is an international treaty that serves as the legal basis for war crimes. It defines the types of international crimes that can be prosecuted, the principle of individual criminal responsibility, and international judicial procedures. The Israel-Palestine conflict is one of the prolonged conflicts that has lasted for more than seven decades with complex root problems including historical, political, territorial, and religious aspects. Benjamin Netanyahu, as the Prime Minister of Israel who served in various periods, has the highest command position over Israel's military policies and operations. Various military operations under his leadership have caused massive civilian casualties and massive infrastructure damage, sparking serious questions about compliance with the principles of international humanitarian law. The problems that are researched are: (1) What are the types of actions that can be categorized as war crimes by International Law? (2) Are Israel's military actions under the leadership of Benjamin Netanyahu included in war crimes according to International Law? This research is a Normative Legal Research, the data sources used consist of Primary Legal Materials, Secondary Legal Materials, Tertiary Legal Materials, data collection techniques used with document studies, as well as data analysis using qualitative analysis. (1) Actions that can be categorized as war crimes under international law are regulated in the 1998 Rome Statute, Article 5, namely genocide, crimes against humanity, war crimes, crimes of aggression. (2) Israeli military actions under the leadership of Benjamin Netanyahu are war crimes under international law because they fulfill the elements of war crimes regulated in the 1998 Rome Statute.