Article Per Year (5 Year)
p-Index From 2021 - 2026
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This Author published in this journals
All Journal Socius: Social Sciences Research Journal Forschungsforum Law Journal
Laily Maghfiroh
Universitas Pembangunan Nasional “Veteran” Jakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban atas Kejahatan Internasional: Studi Kasus Benjamin Netanyahu dan Yoav Gallant di Hadapan ICC Laily Maghfiroh; Muhammad Dewanto Adi Saputra
Forschungsforum Law Journal Vol 3 No 01 (2026): JANUARI
Publisher : Fakultas Hukum |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/flj.v3i01.12946

Abstract

The author examines the role of the International Criminal Court (ICC) in prosecuting Benjamin Netanyahu and Yoav Gallant for alleged war crimes and crimes against humanity in Gaza that caused a severe humanitarian crisis. Although Israel is not a party to the Rome Statute, the ICC's jurisdiction is applied through Palestine's status as a state party. Using a normative juridical method, the study analyzes the international legal framework, doctrines of individual responsibility, and the theory of command responsibility regulated by the 1998 Rome Statute. The discussion highlights the ICC’s legal basis, including the principle of legality, complementary jurisdiction, and the elements of war crimes and crimes against humanity used to charge the two leaders as co-perpetrators in the context of an armed conflict. The article also examines the establishment of command responsibility for military and civilian officials who knew or should have known about violations of humanitarian law but failed to prevent or punish the perpetrators. The case contains evidence of the acknowledged use of the Hannibal Directive and strategic orders that strengthen the suspicion of intent and effective control over the criminal acts, rejecting immunity based on political office. In conclusion, the ICC applies the principle of individual responsibility to overcome impunity and affirm the supremacy of international law, despite facing political and jurisdictional challenges in enforcing justice for international crimes in the Gaza conflict.
Indonesia’s Policy on the Import Ban of Second-Hand Clothing from the Perspective of the Principles of Non-Discrimination and National Treatment Laily Maghfiroh
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 4 (2025): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17707332

Abstract

This study examines the legal issue of whether Indonesia’s policy banning the import of used clothing is consistent with the WTO Non-Discrimination principles, namely the Most Favoured Nation and National Treatment obligations under GATT 1994. This issue is significant because Indonesia prohibits imported used clothing on the grounds of protecting public health and maintaining trade order, while domestically sourced used clothing remains permitted, raising concerns of unequal treatment toward foreign products. The research employs a normative juridical method through a statutory approach by analyzing the Trade Law, relevant Ministry of Trade regulations, and customs provisions, as well as a conceptual approach to assess the application of WTO principles. Legal materials were gathered through library research and analyzed qualitatively. The findings show that the import ban does not violate the Most Favoured Nation principle because it applies uniformly to all WTO members. However, the policy potentially conflicts with the National Treatment obligation since similar domestic products are still allowed to circulate. Nevertheless, GATT provides justification through Article XX if Indonesia can demonstrate that the ban is necessary to protect public health and consumer safety. The study concludes that Indonesia’s ability to defend the policy depends on meeting the necessity test, presenting scientific evidence, and ensuring consistent enforcement to avoid being perceived as protectionist.
Co-Authors Muhammad Dewanto Adi Saputra