LINA HASTUTI, 090810036 D (2013) NATIONAL ENFORCEMENT SEBAGAI PILIHAN UTAMA DALAM PENUNTUTAN INDIVIDU PELAKU KEJAHATAN PERANG. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The dissertation is intended as an alternative choice for the settlement of International Humanitarian Law violations, known as a war crime. With the position of the individual as the main subject of the law of International Humanitarian Law, national enforcement is the main option. National enforcement in this regard includes the dissemination, regulation legislation, monitoring and enforcement when there is a violation. There are several reasons for this. First, international obligations for states to prosecute perpetrators of international crimes is the enemy of mankind (hostis humanis generis), which is based on international treaty obligations, universal jurisdiction, and jus cogens. Second, the practice of an international tribunal to prosecute individuals who held war crimes shows states not fully willing to surrender its nationals to other courts. Third, the implementation of international courts (ad hoc /permanent) requires high cost and long time. Fourth, national enforcement has actually been known for a long time in international law through the principle of exhaustion of local remedies. Fifth, for citizens who became actors, with the trial in his own country would be more profitable, provided that held a fair trial. This is when compared if taken to an international court.

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