Kesenjangan Penegakan Akuntabilitas Kekerasan Seksual dalam Konflik Bersenjata: Analisis Efektivitas Pengadilan Domestik versus Mahkamah Pidana Internasional

Abstract

This research analyzes the accountability gap in prosecuting sexual violence in armed conflict between domestic courts and the International Criminal Court (ICC). Sexual violence has been recognized as a systematic warfare strategy in various modern conflicts; however, accountability enforcement continues to face significant obstacles. Although the normative framework of international criminal law has developed progressively since the 1998 Rome Statute, the practical realization of enforcement remains far from these aspirations. Conviction rates for sexual violence at the ICC, ICTY, and ICTR are substantially lower compared to other international crimes, while domestic courts face a wide justice gap between estimated cases and cases resulting in convictions. This research employs a normative legal methodology utilizing statute approach, comparative approach, and case approach. Data were collected through library research examining international legal instruments, court jurisprudence, and reports from human rights organizations. Data were analyzed using qualitative analysis with deductive and comparative reasoning patterns through grammatical, systemic, historical, teleological, and comparative interpretation. Research findings demonstrate that the accountability gap stems from interconnected structural, institutional, legal, political, and normative barriers, along with the ineffective operationalization of the complementarity principle in practice. These obstacles are not merely technical matters but also reflect gender inequality structures internalized within judicial systems. The research implications necessitate fundamental transformation in how legal systems recognize and deliver justice for sexual violence in armed conflict, through enhanced prosecution priorities at the ICC, integration of gender justice within domestic law enforcement ecosystems, strengthened coordination between international and national forums, and development of holistic and survivor-centered transitional justice mechanisms that address both accountability and reparation while dismantling structural inequalities perpetuating sexual violence in conflict