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Social Sciences

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The Position and Role of the International Criminal Court (ICC) In International Crime Resolution Muhammad Ghozali; Cut Afra; Deddi Agusriadi; Muhammad Yusfani; Bahraini
International Journal of Law, Social Science, and Humanities Vol. 2 No. 1 (2025): IJLSH - March 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i1.160

Abstract

International crimes, such as genocide and crimes against humanity, require effective law enforcement to prevent impunity and ensure justice. The International Criminal Court (ICC) was established as a permanent court to prosecute individuals responsible for such serious crimes. This study uses a qualitative approach with documentary analysis of international legal sources, ICC reports, and case studies. Data were collected through literature reviews and interviews with international law experts to gain an in-depth understanding of the functions and challenges faced by the ICC. The results show that although the ICC has an important role in upholding international justice, its effectiveness is often hampered by jurisdictional limitations, state non-compliance, and political factors. Diplomatic steps are needed to encourage more countries to ratify the Rome Statute and increase international cooperation in enforcing ICC decisions so that justice can be achieved more effectively at the global level.
Characteristics of The Crime of Genocide in An International Criminal Law Perspective Simanjuntak, Tuti Gusmawati; Harahap, Lili Rahmayana; Sembiring, Ahmad Mulia; Bahraini
International Journal of Law, Social Science, and Humanities Vol. 2 No. 1 (2025): IJLSH - March 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i1.163

Abstract

The crime of genocide, characterized by the systematic extermination of an ethnic or cultural group, is intrinsically linked to the persecution of a political entity, which often complicates the identification of the affected group and poses significant challenges to international relations. Recognized as an exceptional crime in the realm of international criminal law, genocide has been unequivocally condemned and prohibited, as articulated in important legal frameworks such as the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), and the 1998 Rome Statute. This study utilizes a normative legal research methodology, which draws on primary legal materials, including relevant regulations and documents, to conduct a thorough qualitative analysis. To effectively answer the research questions, we used a combination of conceptual, statutory and case law approaches, each of which contributed to a comprehensive understanding of the topic at hand. The results state that the nature of genocide is summarized in several tragic acts: the intentional deprivation of life of members of a particular group, inflicting severe physical or psychological suffering on them, and intentionally creating conditions that lead to the physical extermination of that group, either in whole or in part. In addition, genocide includes the adoption of measures designed to prevent births within the group and the forcible removal of children from their families for integration into other groups.
Fundamental Human Rights in the Islamic Perspective Tuti Gusmawati Simanjuntak; Lili Rahmayana Harahap; Cherry Arida; Yusfani, Muhammad; Bahraini; Cecep Soleh Kurniawan
International Journal of Law, Social Science, and Humanities Vol. 2 No. 2 (2025): IJLSH - July 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i2.194

Abstract

Abstracts into the fabric of our humanity. Human rights are a divine gift that enable every individual to fulfill their role as stewards of the Earth (khalifatullah), without any form of discrimination. Despite this, some groups argue that Islamic law does not embrace Western conceptions of human rights, instead seeing it as a framework that focuses primarily on obligations and obedience to divine commands. The method used by researchers aims to describe, understand and explain the object under study based on data obtained through literature data regarding discussions that focus on Human Rights in an Islamic Perspective so that answers can be obtained which can ultimately be explained in detail. Research conducted by this author reveals that the Islamic approach to human rights embodies universal and timeless principles that resonate across cultures. Rather than offering apologies, it is important to acknowledge that Islam has been a pioneer in articulating the concepts of equality, universality, and democracy. As a comprehensive religion, Islam encompasses all dimensions of human existence, guiding individuals towards a holistic understanding of rights and responsibilities.
Co-Authors Cecep Soleh Kurniawan Cherry Arida Cut Afra Deddi Agusriadi Harahap, Lili Rahmayana Lili Rahmayana Harahap Muhammad Ghozali Muhammad Yusfani Sembiring, Ahmad Mulia Simanjuntak, Tuti Gusmawati Tuti Gusmawati Simanjuntak Yusfani, Muhammad