Mataram Journal of International Law
Vol. 4 No. 1 (2026): Mataram Journal of International Law

International Criminal Law Enforcement Mechanisms for Israel as a Perpetrator of Genocide and Crimes Against Humanity

Lisa Mery (Universitas Pendidikan Muhammadiyah Sorong)
Riri Anggriani (Universitas Pendidikan Muhammadiyah Sorong)
Resdianto Willem (Universitas Pendidikan Muhammadiyah Sorong)
Andi Sri Rezky Wulandari (Indonesian Muslim University of Makassar)
St. Ulfah (Indonesian Muslim University of Makassar)



Article Info

Publish Date
30 Jun 2026

Abstract

This study aims to analyze: 1) the structural challenges facing the UN and the international legal consequences of israel's violations of jus cogens obligations, alongside the implications for the global legal order and the fostering of international trust; and 2) the potential role of International Criminal Law specifically through the International Criminal Court (ICC) in addressing entities implicated in crimes evidenced empirically but which have evaded direct accountability, while also proposing strategies for international law enforcement. The research employs a normative-juridical method, utilizing approaches based on International Law, International Court of Justice rulings, and doctrines within International Criminal Law. The findings necessitate a comprehensive analysis, revealing that theoretically: 1) the failure of the legal regime to address jus cogens violations erodes the foundation of opinio juris and fosters the fragmentation of international law; and 2) israel’s proven violations and blatant display of arrogant impunity undermine state confidence in the legitimacy of International Law which ought to protect humanity thereby risking a normative collapse of the International Criminal Law regime. Consequently, there is a need for counter-hegemonic legal strategies driven by coalitions of states and non-state actors. As the UN comprises 193 member states, any action taken on its behalf must reflect the collective will of those members. Throughout the conflict involving Palestine as a nation state particularly following israel's 1948 declaration of independence the UN's inability to take appropriate humanitarian action in this protracted conflict has perpetuated the suffering of the Palestinian people to this day; this is clearly evidenced by the UN Security Council (the UN's highest body responsible for maintaining international peace and security) being repeatedly stymied by vetoes, preventing agreement on swift and effective resolutions to ensure the safety of the Palestinian people, especially in Gaza.

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Journal Info

Abbrev

majil

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This journal is dedicated to advancing rigorous scholarship in international law, with particular emphasis on the intersection between international perspectives and their implementation in Indonesia. Its scope spans a wide range of fields, including public international law, international human ...