Analisis Yuridis Mahkamah Pidana Internasional (International Criminal Court) Terkait Kasus Surat Perintah Penangkapan Vladimir Putin

Abstract

This study provides a juridical analysis of the International Criminal Court’s (ICC) issuance of an arrest warrant against Russian President Vladimir Putin for alleged war crimes committed during the Russia–Ukraine conflict. The case has sparked profound legal debate regarding the legitimacy of the ICC’s jurisdiction over a head of state from a non-State Party to the Rome Statute and its implications for the principle of head-of-state immunity under international law. The research aims to examine the legal foundation, jurisdictional mechanisms, and enforcement challenges of the warrant within the framework of public international law. Employing a normative juridical method, this study adopts statutory, conceptual, and comparative approaches, drawing upon international legal instruments, the 1998 Rome Statute, and recent scholarly works published within the last five years. The findings reveal that the ICC has a valid legal basis to issue the arrest warrant under Articles 12 and 58 of the Rome Statute, relying on Ukraine’s declaration of acceptance of jurisdiction. However, enforcement remains highly problematic due to Russia’s non-membership in the Statute and the contested interpretation of head-of-state immunity among nations. Moreover, geopolitical considerations significantly affect the willingness of States Parties to comply with ICC directives. The study concludes that the ICC’s effectiveness in pursuing accountability for international crimes largely depends on the cooperation and political will of its member states and the broader international community. The implications of this research highlight the urgent need for reforming ICC jurisdictional mechanisms and strengthening universal norms against war crimes to ensure the meaningful enforcement of international criminal justice and the realization of global accountability.