The dispute between national jurisdiction and the international criminal court for extraordinary and humanity crimes

Abstract

Where there is society there is law (Ubi Societas Ibi Ius), and when drug crime as an "extraordinary crime" claimed more than 4 million victims (2016) in the Philippines, then President Duterte according to national criminal law declared "War on Drugs Operation", and as a result the perpetrators of crimes died 12,000 people, however, Duterte was instead considered a perpetrator of crimes against humanity (extrajudicial killing) by the International Criminal Court (ICC). Research Methods with Normative Juridical through literature study, and according to the formulation of the problem raised, it was found and concluded that, First, the authority of the Philippines to make a policy of "War on Drugs Operation" tackling extraordinary drug crimes in a reflexive manner with the principle of legality of Article 9 Republic Act 9145 is a lawful policy, Second, in legal jurisdictional disputes, then as long as the enforcement of the national law is carried out based on the applicable criminal law, then the justice that must be put forward is justice in national law, in this case the ICC actually has to reform the law in the Rome Statute because there is still a void in the norms governing such jurisdictional disputes.