ANALYSIS OF THE CHALLENGES OF APPLYING THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT TO THE CRIME OF GENOCIDE AGAINST NON-PARTIES IN ORDER TO REALIZE GLOBAL LEGAL JUSTICE

Abstrak

The crime of genocide is a serious violation that threatens humanity. This study aims to examine the application of the International Criminal Court's authority over non-party states along with analyzing its law enforcement challenges. This study uses a normative legal method through a statutory approach as well as a conceptual approach. The research results indicate two main conclusions. First, the court still has the authority to try genocide crimes in non-party states through referrals from the United Nations Security Council, expansion of incident territorial boundaries, specific state willingness, as well as through perpetrator citizenship ties. Second, the implementation of this authority faces various major obstacles such as the protection of state sovereignty, absence of local government cooperation, global political interest bias, up to evidence-gathering system weaknesses. To overcome these problems, the world requires a change in the referral system, an increase in interstate cooperation, while simultaneously strengthening domestic laws so perpetrators of crimes against humanity cannot escape prison sentences.