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Legal Perspectives on the South China Sea Dispute Muhammad Syamsuddin; Mira Nila Kusuma Dewi; Andy Kurnia Anwar; Muh. Arie; Zeth Nathaniel Patadungan; Riswan Evandri
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18066858

Abstract

Legal issues at the international level are more complex and complicated compared to conflicts within a specific territorial jurisdiction. This is because international legal matters may involve multiple countries simultaneously and require significant efforts for resolution. The case discussed in this paper concerns the South China Sea dispute, brought by the Philippines as one of the countries claiming rights over the South China Sea. The Philippines submitted the dispute with China to the International Arbitration forum. The Philippines argued that China’s actions in constructing artificial islands have caused severe damage to coral reef environments. Further analysis of this case will be discussed in more detail in the sections below.
The Implications of International Law in the South Africa vs. Israel Case: An Analysis of the Genocide Convention and the Role of the International Court of Justice Nur Fadli S; Mira Nila Kusuma Dewi; Alif Nunqy Bellatrix; Andi Risal; M. Fahril Hidayat; Fikram F; Fatrah F
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18067134

Abstract

International law is often perceived as an idealistic framework separate from the harsh realities of politics. The case of South Africa versus Israel at the International Court of Justice (ICJ) from late 2023 to early 2024 highlights the relevance of international legal principles amid armed conflict. This study analyzes the legal and political implications of the judicial process, focusing on the application of the 1948 Genocide Convention, the role of the International Court, and the limitations of global law enforcement. The analysis shows that although the ICJ lacks the military power to enforce its rulings, the international legal process exerts significant moral, political, and diplomatic pressure. The case also reinforces global accountability and underscores the importance of international humanitarian law principles in the context of complex armed conflicts.
Implikasi Hukum Internasional terhadap Praktik Genosida Etnis Rohingya di Myanmar: Sebuah Kajian Normatif Ipong Gawi P; Mira Nila Kusuma Dewi; Asrul Sani; Nur Akmal; Nasria N; Rahmat Ilahi; Herianto H
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18371644

Abstract

The humanitarian crisis affecting the Rohingya ethnic group in Myanmar represents one of the gravest forms of serious human rights violations that demands profound global attention. The manifestation of systematic actions—including mass killings, forced deportations, sexual violence, and policies of citizenship deprivation—strongly indicates the existence of genocidal practices as standardized under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. This study analytically examines the conformity of the actions undertaken by Myanmar’s authorities with the constitutive elements of genocide within the framework of international law, while also assessing the scheme of state responsibility for such crimes. Employing a normative legal research method with statutory and conceptual approaches, this study concludes that the series of discriminatory policies and widespread violence fulfill the criteria of both actus reus and mens rea of genocide. As a legal consequence, Myanmar bears full responsibility under international law, thereby necessitating the active involvement of the international community in the enforcement of justice and in preventive efforts to avoid the recurrence of similar crimes.