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Journal : JURNAL LITIGASI (e-Journal)

PERTANGGUNGJAWABAN PIDANA INDIVIDU DALAM HUKUM PIDANA INTERNASIONAL Danel Aditia Situngkir
JURNAL LITIGASI (e-Journal) Vol 19 No 1 (2018)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.974 KB) | DOI: 10.23969/litigasi.v19i1.834

Abstract

The debate about the whereabouts of individuals as the subject of international law over time seems to get an answer. This is because after the first and second world wars, the international community's attention to human rights is increasing. The desire to bring the responsible perpetrators into account before the criminal court is increasing. Efforts to eliminate immunity against perpetrators for crimes committed encourage the establishment of international criminal tribunals ranging from the ad hoc nature to the permanent criminal court. Encouraging individuals as the holders of rights and obligations in international criminal law is getting stronger. It becomes more interesting because the individuals held accountable are citizens who actually have the sovereignty to enforce the law to their citizens. This paper will discuss the existence of individuals as subjects of international law and the effort to hold individuals accountable through international court mechanisms. Based on legal theory, legal principles, sources of international law and international treaties, the existence of individuals in international law can be seen from the granting of rights and obligations in international treaties. The Adhoc and Permanent International Criminal Court is established to demand the accountability of serious crimes against humanity. The existence of individuals as subjects of international law in the future will remain a polemic in its application. Keywords: Responsibility, Individual, International Criminal Law.