Sriwijaya Law Review
Volume 8 Issue 1, January 2024

Judaization in Palestine: Is It Genocide According to the 1998 Rome Statute?

hafara khoirunisa (Faculty of Law, Universitas Islam Indonesia)
sefriani sefriani ((Scopus ID: 57204317614) Faculty of Law, Universitas Islam Indonesia)
jawahir thontowi (Faculty of law universitas islam Indonesia)
jaya indra santosa (mastery program , Faculty of Law, Universitas Islam Indonesia)
yashifa febriani (Faculty of Law, Universitas Islam Indonesia)
Ahmed Zeiad Masoud (Faculty of Law, Al-Azhar University of Gaza, Palestine.)



Article Info

Publish Date
31 Jan 2024

Abstract

The purpose of this study is to analyse the act of genocide in the attempt at Judaization in Palestine based on the 1998 Rome Statute and examine the possibility of categorizing the Judaization of Palestine as cultural genocide because Judaization has changed various aspects of Palestinian life and the Palestinian territories themselves. In addition, cultural genocide has been eliminated from its history, but there are still actions that are assumed to lead to it. This research is a type of normative legal research using a conceptual, statutory, case, and historical approach. The results of this study indicate that the Judaization of land and people in Palestine is a crime of genocide, as stated in Article 6 (c) of the 1998 Rome Statute. At the same time, the Judaization of identity and holy places can be categorized as cultural genocide, according to experts. However, the opinions of experts contained in legal works are subsidiary legal sources and, until now, have not been recognized as customary international law. In addition, the Judaization of identity and holy places within the framework of international law can only be viewed as genocidal intent, not cultural genocide.

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Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...