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All Journal Uti Possidetis: Journal of International Law Lareh Law Review
Muthmainnah, Aisyah
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Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Dolus Specialis Dalam Pembuktian Genosida: Tantangan Penegakan Hukum Internasional Muthmainnah, Aisyah; Ferdi, Ferdi; Syofyan, Syofirman
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.121-134.2024

Abstract

Genocide as the most serious crime is specifically regulated in international law. The regulation of genocide is contained in the Convention on the Prevention and Punishment of the Crime of Genocide 1949. Specific intent or dolus specialis is the main element in proving genocide. This special intention distinguishes genocide from other crimes. However, the existence of this special intent is often a source of controversy in international law enforcement practice. The lack of clarity in defining and proving special intent often causes difficulties in the judicial process, and can result in injustice for victims. This article discusses two problem formulations, firstly how the concept of dolus specialis is applied in proving the crime of genocide and secondly how the law enforcement of acts of genocide in the perspective of international law. This article uses normative juridical method. The results of this study show that special intent focuses on the perpetrator's intention to destroy a particular group, for example a statement by a high-ranking official indicating an intention to commit genocide, but in practice this is difficult to prove. Law enforcement against acts of genocide can be held accountable to the state and individuals concerned. Keywords : Keywords : Genocide, Intent, International Law Enforcement
Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma? Muthmainnah, Aisyah
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20028

Abstract

This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC). This article uses juridical-normative research with a legislative, historical and conceptual approach. The act of extrajudicial killing due to the war on drug policy in the Philippines violates the provisions in the Rome Statute. The Philippines itself was a State Party of the Rome Statute although in the end the Philippines withdrew from the Rome Statute. However, this cannot change the jurisdiction of the ICC to conduct investigations into extrajudicial killings in the Philippines. Extrajudicial killing is a violation of human rights as stipulated in the Universal Declaration of Human Rights and related conventions. The act of extrajudicial killing due to the war on drug policy becomes the jurisdiction of the ICC under Article 7 paragraph 1 of the Rome Statute of 1998, namely crimes against humanity as part of murder. In establishing a crime the ICC uses elements of crimes. Therefore, extrajudicial killings that occur in the Philippines can be the jurisdiction of the ICC.
Co-Authors Ferdi Ferdi, Ferdi Syofirman Syofyan