IMPLEMENTASI STATUTA ROMA 1998 TENTANG MAHKAMAH PIDANA INTERNASIONAL TERHADAP NEGARA YANG DIANGGAP TIDAK MAU (UNWILLING) DAN TIDAK MAMPU (UNABLE) DALAM PENYELESAIAN KEJAHATAN INTERNASIONAL

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TitleIMPLEMENTASI STATUTA ROMA 1998 TENTANG MAHKAMAH PIDANA INTERNASIONAL TERHADAP NEGARA YANG DIANGGAP TIDAK MAU (UNWILLING) DAN TIDAK MAMPU (UNABLE) DALAM PENYELESAIAN KEJAHATAN INTERNASIONAL
Publication TypeThesis
Year of Publication2015
AuthorsTAUFIK, IKBAL
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Enforcement of international crimes, basically be the responsibility of the
state concerned. States are sometimes considered unwilling, even considered unable
in the settlement of international crimes.
The purpose of this study to determine the criteria in which a state can be
considered unwilling and unable, in the settlement of international crimes. This study
was also aimed to find out how the implementation of the Rome Statute of the
International Criminal Court in 1998, against a state that is considered unwilling and
unable. The approach used in this research was normative juridical, with the statute
approach, case approach, and historical approaches.
The results of the study showed that the state that was considered unwilling
was actually a state that was basically were able, however there was not an effort to
protect the perpetrators, the suspension was not justified, and not independent. States
that were regarded unable were the states that had collapsed in the national legal
system either in completely or substantially. Implementation of the Rome Statute in
1998 against the State Party can be initiated by the State Party, the Prosecutor, and
the UN Security Council, while, on the other hand, if implemented against non-Party
states in the Rome Statute of 1998, can be initiated by other non-Party states and also
UN Security Council.

 

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