The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction of the Law No. 26 year 2000 is and genocide and crimes against humanity. The Law No. 26 year 2000 also adopts the idea of Ad hoc tribunal that is possible to apply ex post facto justice. Finally, it plays important role in order to protect Indonesian interest and to fulfill international community point of views.


Bassiouni, M. Cherif. (1999). Crimes Against Humanity in International Crimi- nal Law 2nd Revised Edition, The Haque: Kluwer International Law.

-----------------. (1987). Crimes Against Humanity. In M. Cherif Bassiouni. (1987).

International Criminal Law Vol. III Enforcement. New York: Transnation- al Publisher Inc..

Cassese, Antonio. (2003). International Criminal Law, New York: Oxford Uni- versity Press.

ELSAM. (2003). Discussion about the East Timor Human Rights Court, EL- SAM, Jakarta, (visited, 18 February 2004), < http://www.elsam.or.id/>.

Indonesian High Court. (2006). Guidance of Gross Human Rights Violations and

Command Responsibility. Jakarta: Indonesian High Court in cooperation

with Danmark Embassy, the Asia Foundation and ELSAM.

Kittichaisaree, Kriangsak. (2001). International Criminal Law, New York: Ox- ford University Press.

------------------. (2004). Lecturer Note of Crimes Against Humanity. UNSW: Un- published.

Muladi. (2011). Rome Statute 1998 concerning International Criminal Court:

in Frame of International Criminal Law and its Implication to Indonesian

Law. Bandung: PT. Alumni.

Robertson QC., Geoffrey. (2000). Crimes Against Humanity; The Struggle For

Global Justice, Australia: Penguin Books.

Robinson, Geoffrey. (2003). East Timor 1999 Crimes against Humanity: A Re[1]port Commissioned By the United Nations Office of the High Commission[1]er For Human Rights (Ohchr). Los Angeles: University California.

Wright, R. (1948). History of the United Nations War Crimes Commission 29. In

In M. Cherif Bassiouni. (1987). International Criminal Law Vol. III En[1]forcement. New York: Transnational Publisher Inc.

Included in

Criminal Law Commons