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Angga Aldilla Gussman
Pertiba University

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Analysis Of The Limits Of Criminalization Of New International Crimes Based On International Law Aprilia Ma Ulina; Angga Aldilla Gussman
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tn466484

Abstract

The development of globalization and technological advances has given birth to various new forms of crime that are transnational in nature and have the potential to threaten the interests of the international community. This condition has given rise to a debate about the limits of criminalization of an act as an international crime based on international law. This study aims to analyze the limits of criminalization of new international crimes based on the principles of international law and identify the legal parameters that must be met in order for an act to be categorized as an international crime. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. Legal materials are obtained through literature studies which include international regulations, conventions, the 1998 Rome Statute, books, scientific journals, and other relevant legal documents. The results of the study show that an act cannot be categorized as an international crime just because it has a broad impact or is cross-country. Criminalization must be based on the principle of legality (nullum crimen sine lege), recognition through international treaties or customary international law, protection of the fundamental interests of the international community, and the existence of individual criminal responsibility. New forms of crime, such as ecocide, cybercrime, and the abuse of artificial intelligence, still face juridical and political challenges to gain recognition as international crimes. Therefore, it is necessary to develop international criminal law that is adaptive, but still guided by the principles of legal certainty, respect for state sovereignty, and the protection of human rights.
The Effectiveness of the 1998 Rome Statute and the International Criminal Court in Preventing Impunity for War Criminals Shindi; Angga Aldilla Gussman; Husni Thamrin
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3cdj0g63

Abstract

War crimes are one of the serious violations of international humanitarian law that still raise the issue of impunity for the perpetrators. The presence of the 1998 Rome Statute and the International Criminal Court (ICC) is an effort by the international community to realize criminal accountability for war crimes perpetrators through a permanent international justice mechanism. This study aims to analyze the regulation of war crimes law enforcement based on the 1998 Rome Statute, assess the effectiveness of the ICC in preventing impunity, and examine the conflict of norms that are obstacles in its implementation. This study uses normative legal research methods with a statute approach, a case approach, and a conceptual approach. The legal materials used include the 1998 Rome Statute, the Charter of the United Nations, the 1949 Geneva Conventions, the judgments of the International Criminal Court, as well as various relevant legal literature. The results of the study show that the 1998 Rome Statute has provided a comprehensive legal basis through the principle of complementarity that places national jurisdiction as the main forum, while the ICC plays a complementary role when the state is unable or unwilling to prosecute war criminals. However, the effectiveness of the ICC in preventing impunity is still not optimal because the exercise of its authority depends on state cooperation. In addition, the conflict of norms between the principle of complementarity and state sovereignty, the jurisdiction of the ICC with the veto power of the United Nations Security Council, and the obligation to surrender suspects with the doctrine of immunity of the head of state are the main obstacles in the enforcement of international criminal law. Therefore, it is necessary to strengthen the country's commitment to the Rome Statute, increase international cooperation, and harmonize international legal norms so that the goal of ending impunity for war criminals can be realized more effectively.