Kejahatan Terhadap Kemanusiaan dalam Perspektif Hukum Pidana Internasional: Studi Kasus Konflik Rohingya di Myanmar

Abstract

This article examines the qualification of acts committed against the Rohingya ethnic group as crimes against humanity within the framework of international criminal law. The background of this research is the prolonged humanitarian crisis in Myanmar, characterized by systematic violence, discrimination, forced displacement, and denial of citizenship toward the Rohingya population, which raises serious legal questions regarding international accountability. The objective of this study is to analyze whether these acts fulfill the legal elements of crimes against humanity and to assess the challenges of jurisdiction and accountability under international criminal law. This research employs a normative juridical method, using a statute-based and conceptual approach by analyzing international legal instruments, principles of international criminal law, and relevant legal doctrines. The findings indicate that the acts committed against the Rohingya constitute widespread and systematic attacks directed against a civilian population, supported by state policies or practices, thereby meeting the essential elements of crimes against humanity. The study also finds that enforcement of international criminal law faces significant obstacles, particularly due to limitations of International Criminal Court jurisdiction and political considerations related to state sovereignty. Furthermore, the stateless status of the Rohingya exacerbates their vulnerability and weakens access to legal protection. The implications of this research highlight the need to strengthen international and regional mechanisms to prevent impunity, enhance state responsibility, and improve legal protection for minority groups and stateless persons. This study contributes to international criminal law discourse by emphasizing crimes against humanity as a comprehensive analytical framework beyond the narrow focus on genocide alone.