Indonesia Faces Calls to Prosecute Gaza ‘Genocide’ Under Universal Jurisdiction
Indonesia’s Supreme Court is under increasing pressure to invoke universal jurisdiction and pursue legal action against those implicated in the ongoing conflict in Gaza, with a coalition of civil society groups alleging acts of genocide by Israel. The appeal, delivered Thursday at the Supreme Court complex, centers on the recently enacted Indonesian Criminal Code (KUHP) and its provisions for prosecuting major international crimes, regardless of where they occur.
A leading human rights activist stated that the KUHP provides a clear legal pathway for Indonesia to hold perpetrators accountable. “The Supreme Court has the authority…to prosecute human rights violations, including genocide and crimes against humanity,” she explained, emphasizing the significance of the new legal framework that came into effect this year.
The push for intervention comes despite a recently brokered ceasefire, with activists pointing to continued attacks on Palestinian territories as evidence of an ongoing pattern of violence. Specifically, the repeated targeting of the Indonesian Hospital in North Gaza – which has reportedly sustained 41 assaults, including drone strikes and encirclement – was cited as a compelling case for Indonesian prosecution.
“This will be a good precedent,” the activist remarked, “when Indonesia respects peace, human rights principles, justice, and accountability in law enforcement that prioritize human rights.” The appeal wasn’t limited to a single voice; a constitutional law expert from Andalas University, a prominent public figure, and a musician also joined the call for the Supreme Court to act.
However, the path forward isn’t straightforward. Anang Supriatna, head of the Supreme Court’s legal information center, acknowledged the proposal but stressed the need for interagency coordination. “We could not enforce it alone since we must be in line with the position of the Indonesian government,” he said, adding that the court would first need to assess the suggestion’s relevance to the new KUHP and consult with the Foreign Ministry and the Human Rights Ministry.
The move reflects a growing international debate surrounding the application of universal jurisdiction in cases of alleged war crimes and crimes against humanity. Indonesia’s potential involvement could set a significant precedent, signaling a willingness to pursue accountability for atrocities even when they occur outside its borders.
Related coverage includes Indonesia’s plans to establish a museum commemorating ties with Palestine and acknowledging the events in Gaza, as well as President Prabowo’s assessment of the ceasefire as a crucial first step toward lasting peace. Additionally, plans for an “Indonesia Against Genocide” rally are underway amid the fragile ceasefire.
