Kanun: Jurnal Ilmu Hukum
Vol. 25, No. 2, August 2023: Contemporary Issues on Indonesian Legal Reform

HYBRID MODEL PROSPECTS FOR WAR CRIMES: NON-PARTY STATES TO THE ROME STATUTE (THE SRI LANKA CASE)

Arif Rohman (Unknown)



Article Info

Publish Date
01 Aug 2023

Abstract

This article discusses the possibility of non-ratifying states to the Rome Statute to be refered to International Criminal Court (ICC) with reference to Sri Lanka, where war crimes and crimes against humanity has been occured. This study employed the doctrinal method to analyze the issue. Sri Lanka is unable to deal with perpetrators who must be responsible for humanitarian conflicts, despite of a sovereign State. This paper found that the United Nations has a responsibility in addressing war crimes and crimes against humanity in Sri Lanka when dealing with war crimes due to its non-ratification of the Rome Statute. Sri Lanka can propose the formation of an Ad Hoc Tribunal to the United Nations, adopting a judge composition inspired by hybrid models used in Sierra Leone and Cambodia. However, the legality of foreign judges must be clarified beforehand.

Copyrights © 2023






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...