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Abstract

The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia is the state parties of Rome Statute 1998 but they have problems on the violators in their country. Compared to Indonesia which is not the party of Rome Statute but still has the same problem. Indonesia is intend to be the party of Rome Statute in 1998 and 2008. This article is explain how the reaction of the states, especially those who are in the internal armed conflict and in the transition period, with the new development in international law, especially human rights. Writers is using the theory of Andrew Moravcsik in his article “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe”, where the countries is in the traditional phase to “lock in” in the international law. with that way, Moravcsik thinks the countries can not go back to the authoritarian period.

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