ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH PIDANA INTERNASIONAL NO. ICC-01/12-01/18 (STUDI KASUS KEJAHATAN PERANG DAN KEJAHATAN TERHADAP KEMANUSIAAN AL HASSAN DI NEGARA MALI)

Abstract

ABSTRACT

Gross human rights violations in non-international armed conflicts constitute a serious challenge to the enforcement of international law. Various systematic acts of violence occurred in Timbuktu, Mali, during 2012–2013, including torture, outrages upon personal dignity, religious-based persecution, and punishments imposed without lawful judicial proceedings by non-state armed groups. These conditions demonstrate the weakness of national judicial mechanisms in ensuring the accountability of perpetrators and the protection of victims. Meanwhile, international criminal law through the International Criminal Court must uphold individual criminal responsibility, protect civilian populations, and eliminate impunity for international crimes as stipulated in the Rome Statute of 1998. The research problems of this study are: (1) how gross human rights violations are analyzed under international law, and (2) how a juridical analysis can be conducted regarding ICC Judgment No. ICC-01/12-01/18. This study employs a normative legal research method with a normative juridical approach. The data sources used consist of primary legal materials, particularly the ICC Judgment and the Rome Statute, as well as secondary legal materials such as literature and scientific journals. Data collection was carried out through library research, with qualitative analysis based on the interpretation of legal norms. The results of the study indicate that the acts committed by Al Hassan fulfill the elements of crimes against humanity and war crimes as forms of gross human rights violations. The ICC judgment reaffirms the principles of individual criminal responsibility, complementarity, and fair trial, while also strengthening jurisprudence concerning the accountability of non-state actors in modern armed conflicts.