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Pertanggungjawaban Rusia dan Ukraina terhadap Penyerangan Pembangkit Listrik Tenaga Nuklir (Nuclear Power Plant) Zaporizhzia selama Konflik Bersenjata dalam Perspektif Hukum Internasional Barbara Britny Bele Bau; Elisabeth N S B Tukan; Gerald A Bunga
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22411

Abstract

The attacks on the Zaporizhzia Nuclear Power Plant during the conflict between Russia and Ukraine, bring the world closer to nuclear accident. Russia successfully took control of this nuclear power plant, resulting in ongoing attacks and military activities around the facility. Both Russia and Ukraine accuse each other and refuse to acknowledge the mastermind behind the attack on the ZNPP. The research problem in this study is what is the responsibility of Russia and Ukraine regarding the attack on the ZNPP. The purpose of this research is to exemine, analyze, explain, and determine the accountability that can be imposed on Russia and Ukraine for the attack on the ZNPP. This research is normative juridical study conducted on the General Library of Nusa Cendana University, Kupang. There are books of humanitarian and international accountability that the author obtained there, which serve as references during research. Based on research findings, it has been determined that the attack on the ZNPP is clear violation of international law, particularly the rules of war outlined in the 1949 Genewa Conventions and additional protocol I of the 1977 Genewa Conventions. As a result, international accountability can be pursued through the Responsibility of State for Internationally Wrongful Acts Convention 2001. It would be better for Rusia and Ukraine to comply with international regulations, so nuclear at the Zaporizhzia Nuclear Power Plant is maintained and to immediately fulfill the forms of international accountability in accordance with applicable regulations.
Kewenangan International Criminal Court dalam Penanganan Kasus Dugaan Kejahatan terhadap Kemanusiaan oleh Rodrigo Duterte Maria Merry De Angel Putri; Dhesy A. Kase; Gerald A. Bunga
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.8724

Abstract

This study aims to analyze the jurisdiction of the International Criminal Court (ICC) in addressing alleged crimes against humanity related to the War on Drugs policy under the leadership of Rodrigo Duterte. This research employs a normative juridical method with statute, case, and comparative approaches, supported by library research using primary, secondary, and tertiary legal materials. The findings indicate that the ICC retains jurisdiction under the Rome Statute 1998, particularly through ratione materiae, ratione temporis, and ratione personae. The Philippines’ withdrawal from the Rome Statute in 2019 does not eliminate ICC jurisdiction over crimes committed prior to withdrawal, as stipulated in Article 127(2). The War on Drugs policy fulfills the elements of crimes against humanity due to widespread and systematic attacks against civilians, supported by extrajudicial killings and ineffective national law enforcement. The principle of complementarity demonstrates a condition of state unwillingness, positioning the ICC as a court of last resort. This study concludes that the ICC’s jurisdiction in this case is legally justified and plays a crucial role in ensuring accountability and preventing impunity in international law.