KAJIAN YURIDIS KEWENANGAN INTERNASIONAL CRIMINAL COURT (ICC) DALAM MENGADILI KEJAHATAN TERHADAP KEMANUSIAAN OLEH MANTAN KEPALA NEGARA BERDASARKAN STATUTA ROMA 1998

Abstract

ABSTRACT

The International Criminal Court (ICC) is a permanent international criminal judicial institution established under the Rome Statute of 1998, with jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression. The issue of the ICC’s authority over former heads of state is significant in the context of individual criminal responsibility and the exclusion of official immunity. The case of Rodrigo Duterte as former President of Philippines is relevant in examining the application of the Rome Statute to alleged crimes against humanity in the “war on drugs” policy since 2016.. Problem Formulation: 1) How does the International Criminal Court (ICC) exercise its jurisdiction in prosecuting crimes against humanity committed by former heads of state under the Rome Statute? (2) How can the alleged crimes against humanity committed by former President Rodrigo Duterte be analyzed under the Rome Statute? The type of research used is normative legal research. Data sources use primary legal materials and secondary legal materials. The data collection technique used by the author is a literature study. The data analysis technique used by the author is qualitative analysis. The results of the research conclusions: (1) Under the Rome Statute, the ICC has jurisdiction to prosecute former heads of state for alleged crimes against humanity through the application of the principles of jurisdiction, complementarity, and individual criminal responsibility, including the exclusion of official immunity as stipulated in Article 27 of the Rome Statute. (2) The alleged acts committed under the “war on drugs” policy in the Philippines may be classified as crimes against humanity if it is proven that they fulfill the elements of a widespread or systematic attack directed against a civilian population