Uti Possidetis: Journal of International Law
Vol 4 No 1 (2023)

Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma?

Aisyah Muthmainnah (Universitas Jambi)



Article Info

Publish Date
20 Feb 2023

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.

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Journal Info

Abbrev

Utipossidetis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Uti Possidetis: Journal of International Law is a peer-reviewed journal published by the Faculty of Law Universitas Jambi. It aims primarily to compile innovative research in the studies of International Law, facilitates professional discussion of the current developmnetas on international legal ...