Perspektif Statuta Roma Dan Doktrin Command Responsibility Dalam Penyelesaian Kasus Penembakan Terhadap Pesawat Terbang Sipil Mh17 Di Ukraina

Fatma Ratriya Wuri (Universitas Sebelas Maret)
Emmy Latifah (Universitas Sebelas Maret)
Rachma Indriyani (Universitas Sebelas Maret)

Belli Ac Pacis (jurnal hukum internasional)
Vol 4, No 2 (2018): December, 2018

Civil aircraft belonging to Malaysia Airlines MH17 aircraft with Boeing 777-200 ER aircraft with flights from Schipol Airport to Kuala Lumpur International Airport on July 17, 2014, has been in an accident when the plane is passing through Ukrainian airspace. The MH17 plane was shot down by pro-Russian separatists around Ukraine’s airspace that was at a time of conflict with Russia. In the perspective of international law, these shootings belong to war crimes that indicated under the Rome Statute 1998 on the establishment of the International Criminal Court. This case can also be resolved by the Command Responsibility doctrine that discussed in the humanitarian law governing the laws of war. Through these two perspectives, it is expected to provide solutions for the settlement of existing cases.