Skripsi
ANALISIS KETIDAKPATUHAN ISRAEL TERHADAP KEPUTUSAN SEMENTARA (PROVISIONAL MEASURES) MAHKAMAH INTERNASIONAL ATAS GUGATAN AFRIKA SELATAN TAHUN 2023-2024
This study analyzes Israel’s non-compliance with the provisional measures issued by the International Court of Justice (ICJ) in response to South Africa’s lawsuit concerning alleged genocide in the Israel–Palestine conflict during 2023–2024. Although ICJ rulings are legally binding, Israel continued its military operations in Gaza, demonstrating a disregard for international legal norms and obligations. This research employs a qualitative approach using descriptive-analytical methods, framed by two main theories: Realism and the International Legal Compliance Theory by Abram and Antonia Chayes. From the Realist perspective, states are considered rational actors prioritizing national interest and security over international norms, especially when such norms are perceived to threaten vital interests. Meanwhile, Chayes & Chayes' compliance theory argues that a state's adherence to international law depends on institutional capacity, rule clarity, and external pressure. The findings reveal that Israel's non-compliance is rooted in Realist logic, emphasizing self-defense and national interest, but also reflects weaknesses in the ICJ’s enforcement mechanisms and the lack of effective international pressure. This study recommends strengthening international sanction mechanisms and enhancing the legitimacy of international legal institutions in addressing grave violations of humanitarian law.
Inventory Code | Barcode | Call Number | Location | Status |
---|---|---|---|---|
2507005900 | T184443 | T1844432025 | Central Library (Reference) | Available but not for loan - Not for Loan |