Criminal Liability Under The Rome Statute Of The International Criminal Court For Israel's Military Offensive On The Gaza Strip

Abstract

This research aims to analyze criminal liability under the Rome Statute of the International Criminal Court regarding Israel's military attack on the Gaza Strip. This research is normative juridical in nature, by looking at international law as rules or norms and general legal principles in the application of international criminal law. The approach used in this research is a case approach. The nature of this research is descriptive research that explains the problem on the facts of armed conflict between Israel and HAMAS and human rights violations committed by Israel against the Palestinian population in Gaza. The data sources in this research consist of secondary data. Data collection techniques were carried out through literature studies and online data searches as well as reviewing laws and regulations and books, journals, and other references relevant to the research. The result of this research is that the International Criminal Court (ICC) is a criminal court that has become part of the international global justice system, has the authority to handle and try crimes in accordance with article 5 paragraph (1) of the Rome Statute. In 2012, as many as 193 countries that are members of the UN have recognized Palestine as a real “state”. With the status changing from “entity” to “non-member state” which means that Palestine has the right to join the ICC. Palestine's joining the ICC was marked by the signing of the Rome Statute on April 1 by the Palestinian president. By joining Palestine to the ICC, it has become the authority and jurisdiction of the ICC as the International Criminal Court to help deal with the conflict that occurred in Palestine. So based on article 13 letter (a) and article 14 of the Rome Statute, referring to the situation in Palestine, the court specifically requested the Prosecutor to help investigate the conflict that occurred, in accordance with the temporary jurisdiction of the country.