Kewenangan International Criminal Court Untuk Mengadili Individu yang Terlibat Dalam Konflik Israel dan Hamas yang Diduga Melakukan Kejahatan Perang dan Kejahatan Terhadap Kemanusiaan Sesuai Surat Perintah Penangkapan International Criminal Court Nomor ICC-01/18

Abstract

This research analyzes the competence of the ICC (International Criminal Court) to file charges against individuals in the Israeli-Hamas conflict who are suspected of committing war crimes and crimes against humanity in accordance with warrant of arrest No. ICC-01/18 issued by the ICC in 2024. This research focuses on the legitimacy of the arrest warrant issued by the ICC, considering that one of the individuals suspected of committing these crimes is not from a state that has ratified the 1998 Rome Statute and recognized the ICC, and focuses on the individual responsibility of each party. The purpose of this research is to understand the ICC's jurisdiction over the case in question, the legitimacy of the arrest warrant issued, and the judicial process for the individual case. This research uses a normative juridical method with a legislative approach and is analyzed qualitatively. The main focus of this research is to examine the range of the ICC's jurisdiction over this case, the arrest warrants it has issued, and, in particular, the responsibility of individuals who have committed war crimes and crimes against humanity on an international scale. The research results show that the ICC has the authority to issue arrest warrants for individuals related to the Israel and Hamas case, namely Benjamin Netanyahu, Yoav Gallant, Mohammed Diab Ibrahim Al-Masri or Deif, based on Article 12 (2)(a) of the 1998 Rome Statute, which states that the ICC may exercise its authority based on territorial jurisdiction where the crimes occurred in the Palestinian territories, which are parties to the Rome Statute. This research emphasizes the need for cooperation among states parties to the Rome Statute to comply with international rules and principles, given that the ICC may exercise its authority with the cooperation of states parties.