Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Gender Persecution of Afghan Women Under Taliban Rule: Assessing the ICC’s Jurisdiction and Responsibility

2026-05-19T01:06:20+00:00

The Taliban's return to power in Afghanistan in 2021 was one of the most severe contemporary attacks on women's and girls' rights. Since then, the Taliban rule has imposed several restrictions on every aspect of women's lives, including access to education, freedom of movement, dress, work, public life, and political participation. Women and girls were excluded from society through such measures and systems. This paper analyzes whether the Taliban’s acts against women and girls count as gender-based persecution under the Rome Statute of the International Criminal Court (ICC). Using a normative analysis of journals, case studies, books, international organization reports, and ICC jurisprudence, the study demonstrates how the Taliban’s actions constitute a systematic and widespread attack against a civilian population. It further evaluates the ICC’s jurisdiction, legal standards, and the feasibility of prosecuting the Taliban authority.

The findings indicate that the Taliban’s restrictive policies meet all key elements of gender persecution under Article 7(1)(h) of the ICC, including the severe deprivation of fundamental rights, the discriminatory intent behind the policies, and the targeted nature of the attacks against women and girls. ICC route, including territorial jurisdiction for crimes committed while Afghanistan was a state party to the Rome Statute, personal jurisdiction over nationals of ICC member states, and the possibility of referral through the UN Security Council. The article concludes that recognizing the Taliban’s actions as gendered harassment is not only legally justified but also necessary to ensure accountability and strengthen international human rights support.

The ICC Arrest Warrant against Vladimir Putin: Challenges of Prosecuting a Non-Member Head of State for War Crimes in Ukraine

2026-05-19T01:03:06+00:00

This research examines the ICC arrest warrant issued against Vladimir Putin in connection with Russia's invasion of Ukraine and analyzes the legal and practical challenges the ICC faces in exercising jurisdiction over the head of state of a non-member state. Moreover, this research analyzes the legal basis for ICC jurisdiction on Ukraine, which accepted the jurisdiction of the court under Article 12(3) of the Rome Statute and the principle of the absence of immunity of State officials from international criminal responsibility. The court's dependence on the cooperation of states in executing arrest warrants, the impact of geopolitical considerations on the effectiveness of international criminal justice, are the main political and legal obstacles to prosecuting the head of state of a non-member state. This study, using a descriptive-analytical method in analyzing international law documents, shows that the ICC has legal jurisdiction to investigate crimes committed in Ukraine; political resistance and structural limitations of the international system are the main challenges to exercising this jurisdiction. The arrest warrant for Vladimir Putin is an example of the tension between legal legitimacy and political realities in the application of international criminal justice.

The Problem of Proving Genocidal Intent and Its Impact on Accountability in International Criminal Law

2026-05-19T01:10:36+00:00

This paper discusses the issue of establishing the genocidal intent (dolus specialis) and its effect on criminal responsibility within international criminal law. It seeks to determine the suitability of existing judicial criteria in determining such intent. The study examines the jurisprudence of ICTR, ICTY, and ICC by using the normative legal research approach, which analyzes the Genocide Convention, the Rome Statute, and convention jurisprudence. The results show that the international courts use indirect and contextual evidence primarily to establish the presence of genocidal intent, so the evidentiary threshold is high, and this has restricted the conviction of genocide offenders.

Persecution of Women in Afghanistan under International Criminal Law

2026-05-19T01:04:42+00:00

This research analyzes the policies and actions of the Taliban against women and girls after 2021 and evaluates them within the framework of international criminal law, in particular, the gender-based persecution as a crime against humanity under Article 7 (1) (h) of the Rome Statute. The research design is qualitative, descriptive-analytical, and founded on legal-documentary approach, and data were collected from international legal documents, the jurisprudence of the International Criminal Court, reports of the United Nations, and the human rights organizations. The results of the research reveal that institutionalized policies of the a Taliban in the spheres of education, employment, healthcare, freedom of movement, and access to justice represent a harsh and premeditated deprivation of essential rights of an identifiable group of people on gender basis and include the legal components of crimes against humanity (harassment and persecution). According to the findings of the research, this has reached past being a human rights crisis and has become a prosecutable case in terms of the international criminal law.

The Implementation of the Green Economy in Indonesia and the Impacts on Human Rights

2026-05-19T01:12:04+00:00

This study analyzes the implementation of the green economy in Indonesia and its impact on human rights through a normative juridical and descriptive-analytical approach. Drawing on key policies such as Law No. 32 of 2009, Presidential Regulation No. 98 of 2021, and the Paris Agreement, it examines how environmental sustainability aligns with social inclusion and justice. Using the Human Rights-Based Approach (HRBA) and Environmental Justice Theory, the study finds that Indonesia’s initiatives—like the Low Carbon Development Initiative (LCDI) and the Green Growth Program—have advanced the rights to health, work, and a clean environment. However, challenges remain, including inequality, job loss in fossil fuel sectors, and limited participation of indigenous groups. The paper concludes that integrating human rights principles is essential for ensuring an inclusive and equitable green transition