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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Aisah Nur
Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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Jurisdiction of International Court of Justice (ICJ) Over the Genocide Violations: with Special References to Rohingya Case Yordan Gunawan; Sonya Whisler Refisyanti; Aliza Mufida; Kukuh Derajat Takarub; Aisah Nur
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 4 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no4.1900

Abstract

In 2019, Gambia, a small country which located in West Africa, is suing Myanmar to the International Court of Justice (ICJ) with alleging that Myanmar has violated the Convention on the Prevention and Punishment of the Crime of Genocide 1948. The governments of Myanmar in doing the violations were intended to destroy the Rohingya Muslim as a group, wholly or partly, followed by other violations such as mass murder, rape, and also damage to the villages by fire with some people are still locked in the house and burnt inside the house. Government of Myanmar keep doing so, because based on Burma Citizenship Law 1982, Myanmar doesn’t recognize the existence of Rohingya as citizen of Myanmar. It causes Rohingya as stateless. The study is normative legal research with Statute Approach and Case Approach. The study analyse the violations which is done by Myanmar to the Rohingya Ethnic in Rakhine. The result shows that International Court of Justice has a jurisdiction upon Rohingya case under the Statute of the Court as well as the Genocide Convention. The statute of the Court in Article 36 (1) stated that ICJ has jurisdiction to all cases of the Convention as long as the states are contracting parties. The Article IX of the Convention also stated that any dispute between contracting parties must be referred to ICJ.
Protection of People Living Conflict A Case Study in Yemen Yordan Gunawan; Aisah Nur; Fauziah Nauri Qisty; Mohammad Hazyar Arumbinang
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38695

Abstract

The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.
Co-Authors Aliza Mufida Fauziah Nauri Qisty Kukuh Derajat Takarub Mohammad Hazyar Arumbinang Sonya Whisler Refisyanti Yordan Gunawan