Tantangan Mahkamah Pidana Internasional (ICC) Dalam Penegakan Hukum Terhadap Kejahatan Perang

Abstract

This study aims to examine and analyze the role of the International Criminal Court (ICC) in enforcing international criminal law, particularly with regard to war crimes, as well as to identify the challenges faced by the ICC in carrying out its mandate. War crimes constitute one of the most serious international crimes, as they cause widespread suffering, especially to civilian populations, and pose a serious threat to international peace and security. Therefore, the existence of the ICC as a permanent international criminal tribunal plays a strategic role in upholding the principle of individual criminal responsibility and preventing impunity. The research method employed in this study is normative juridical research using a statutory approach and a case-based approach, focusing on war crimes cases that have been addressed by the ICC. This approach is applied to analyze the legal provisions contained in the Rome Statute and their implementation in the practice of international criminal law enforcement. The research data are obtained through a literature review of primary, secondary, and tertiary legal materials relevant to the research topic. The findings indicate that although the ICC has the legal authority to prosecute perpetrators of war crimes, the effectiveness of its law enforcement efforts continues to face various challenges. These challenges include the lack of cooperation from both States Parties and non-States Parties, limitations in the ICC’s jurisdiction, and the influence of political interests on international law enforcement processes. In addition, the ICC’s reliance on national judicial systems and international cooperation mechanisms constitutes a significant obstacle to its effectiveness. Therefore, strengthening international cooperation, enhancing the commitment of States Parties, and reinforcing the international criminal justice system are necessary to enable the ICC to perform its role more effectively in prosecuting war crimes.