ANALISIS YURIDIS STATUTA ROMA PASAL 13 TERKAIT EFEKTIVITAS INTERNATIONAL CRIMINAL COURT (ICC) DALAM MENANGANI RESOLUSI KONFLIK INTERNASIONAL ANTARA NEGARA PALESTINA DAN ISRAEL

Abstract

This study begin the intricate dynamics of the ongoing conflict between Palestine and Israel, which has resulted in widespread humanitarian consequences and involves serious breaches of international law, including war crimes and crimes against humanity. The core focus of this research is a juridical analysis of Article 13 of the Rome Statute as the legal foundation for the International Criminal Court (ICC) to pursue transnational conflict resolution, particularly in terms of jurisdictional authority, investigatory pathways, and implementation challenges. Using a normative-descriptive approach, the study evaluates the three referral mechanisms under Article 13—by a state party, the United Nations Security Council, or at the initiative of the ICC Prosecutor—and demonstrates how the Court’s effectiveness in the Israel-Palestine context is constrained by jurisdictional limitations, non-membership status of Israel, and geopolitical pressures. Although Palestine is a recognized state party to the Rome Statute, the lack of ICC jurisdiction over Israel severely restricts the enforcement of comprehensive legal accountability. The findings emphasize the necessity for strengthening international legal mechanisms, promoting institutional reforms, and securing broader political commitment from member states so that the ICC can fulfill its mandate to uphold justice and contribute meaningfully to long-term conflict resolution.