ANALISIS HUKUM YURISDIKSI INTERNATIONAL CRIMINAL COURT PADA PRE-TRIAL CHAMBER TERHADAP KEDAULATAN NEGARA DALAM IMPLEMENTASI KEBIJAKAN WAR ON DRUGS DI FILIPINA

Abstract

The International Criminal Court is an international criminal tribunal
that has jurisdiction over serious crimes under the Rome Statute. In 2021, the
ICC Pre-Trial Chamber issued a decision related to the implementation of the
War on Drugs policy in the Philippines. This policy against drugs was born
under the leadership of President Duterte. However, the implementation of the
policy was not in accordance with applicable regulations and resulted in
thousands of people losing their lives.
This type of research is normative legal research using the legal
principles of universal jurisdiction and complementarity. This research is
processing data using descriptive methods based on data collected through
literature studies and literature review.
The results of this research, the implementation of ICC jurisdiction
based on universal jurisdiction and the concept of admissibility has a reasonable
basis to be implemented against the Philippines in the case of the
implementation of the War on Drugs. In exercising its jurisdiction, the ICC uses
the principle of complementarity with regard to the Philippines' unwillingness
to carry out the national judicial process.

Keywords: ICC-Philippine-War on Drugs-Crimes Against Humanity-
Complementarity