ANALISIS YURIDIS PEMBUKTIAN UNSUR-UNSUR TINDAK KEJAHATAN GENOSIDA TERHADAP SUKU ROHINGYA DITINJAU DARI PASAL 6 STATUTA ROMA 1998

Abstract

Article 6 of the Rome Statute of 1998 provides an understanding of genocide, namely
crime with the intention of destroying in whole or in part a group based on nation, race,
ethnicity or religion. The intended destruction can be done with various forms of crime: Killing
members of the group, causing severe injuries or mental damage to group members,
Deliberately threatening the lives of group members that cause physical injuries both in part and
in whole, Perform actions intended to prevent births in groups, Forcibly transferring children
from one group to another. The Myanmar government is alleged to have committed violence
against body and soul, murder, hostage taking, rape for personal honor. But this has not yet
been completed and there is no certainty regarding genocide to Rohingya ethnic groups. Indeed,
to prove it according to the Rome Statute is quite difficult because Myanmar has not ratified the
Rome Statute. Myanmar has also not officially reported whether they conducted an investigation
and or legal effort. Because in Article 51 of the Rome Statute to prove that there must be a party
concerned (Myanmar).
Scientific writing aims to: First, to find out the elements of genocide crime committed by
Myanmar against Rohingya ethnicity. Second, to find out the proof of the elements of the
genocide crime against the Rohingya ethnicity, reviewed in Article 6 of the Rome Statute of
1998.
The writing of this paper uses normative legal research methods by pointing to the
history of law which describes the history of genocide and the causes of genocide crimes
committed by Myanmar, where the writing collected data from literature, related regulations,
related documents and analyzed using qualitative methods to draw conclusions.
From the results of this research, to prove that genocide elements in Myanmar first paid
attention to whether Myanmar had conducted a trial of genocide perpetrators, it turned out that
there was no trial there, so that the International Criminal Court (ICC) conducted an
investigation directly into Myanmar to prove the existence of genocide there.
Keyword : Rohingya, Genocide, Interntional Criminal Court