ANALISIS YURIDIS PERTANGGUNGJAWABAN INDIVIDU ATAS KEJAHATAN TERHADAP KEMANUSIAAN MENURUT STATUTA ROMA 1998 (STUDI KASUS PEMIMPIN TALIBAN HIBATULLAH AKHUNDZADA)

Abstract

ABSTRAK

Crimes against humanity are a from of international crime regulated in the Rome Staute of 1998 and fall under the jurisdiction of the International Criminal court (ICC). The Rome Statute stipulates that individuals who commit international crimes can be held criminally responsible regardless of the position or status of the perpetrator. This is emphasized in Article 25 concerning the principle of individual criminal responsibility and Article 27 which states that a person’s official position does not eliminate criminal responsibility before the ICC. The formulation of the problem in this study is, 1. How are crimes againts humanity regulated in the Rome Statute, 2. How is analysis of the case of Taliban leader Hibatullah Akundzada based on the principle of individual responsibility in the Rome Statute of 1998. This study uses a normative legal research method or library research, with primary legal material in the form of the Rome Statue of 1998 and secondary legal material in the form of international criminal law literature and reports from international institutions. Data analysis in this study was carried out using qualitative data analysis. The results of the study is, 1. Indicate that crimes againts humanity are understood as certain actions carried out as part of a widespread and systematic attack directed againts the civilian population. 2. The principle of individual responsibility as stipulated in Articles 25 and 27 of the Rome Statute affirms that the leadership, including non-state actors, does not exempt itself form international criminal responsibility. Therefor, Hibatullah Akhundzada may be held individually criminal responsible for the Taliban’s policies and actions, which constitute crimes againts humanity.