| Summary: | The discourse of doctrine of superior responsibility concerns in Indonesia
since the Ad-Hoc Human Rights Court for Timor-Leste. Historically, superior
responsibility aimed to liable military commander for violations of humanitarian
law committed by his or her subordinates. The doctrine was applied for the first
time by the International Military Tribunal for the Far East. In the further
development, the doctrine was adopted with modifications in the ICTY Statute, the
ICTR Statute and the Rome Statute of the ICC. This thesis took questions of
interpretation of the doctrine of superior responsibility in the Rome Statute and its
implication for the implementation of Indonesian Human Rights Court Act.
This thesis research aimed to describe the interpretation of superior
responsibility based on the practices and doctrines of international criminal law,
particularly Art. 28 of the Rome Statute, in order to synchronize the perception of
the application of the doctrine of superior responsibility between the Rome Statute
and Indonesian Human Rights Court Act.
This research is a normative legal research. The legal materials are the
primary legal materials, namely the rules of law related to the doctrine of
superior responsibility in the gross violations of human rights, and the secondary
legal materials, i.e. the materials which consist of legal literature written by the
legal experts, law journals, etc, by literature study. Overall legal materials
obtained will be analyzed qualitatively. This research resulted the application
parameters of the doctrine of superior responsibility in the context of
international criminal law enforcement for the gross violations of human rights.
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