RESISTANCY TO THE LAW ENFORCEMENT OF (ASEAN) REGIONAL HUMAN RIGHTS MECHANISM, WHAT NEXT?

Chloryne Trie Isana Dewi


DOI: http://dx.doi.org/10.17304/ijil.vol12.4.618

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Abstract


Regional mechanism on the protection of human rights in ASEAN formally has been developed
since 2007 through the adoption of the ASEAN Charter in 2007 and the establishment of the ASEAN
Intergovernmental Commission on Human Rights (AICHR) in 2009. Nevertheless, efforts on the law
enforcement for human rights violations committed by ASEAN citizens and/or within ASEAN territory
by establishing ASEAN human rights court is hardly to achieve due to national interest of each
member states. Accordingly, for the objective of achieving justice and certainty of law, cooperation
among ASEAN member states should be developed through other mechanism. This article tries to
identify existing situations with respect to the protection and fulfillment of human rights particularly in
regards to criminal matters in the ASEAN countries. Accordingly, the article examines the responses
of the Member States to the development of human rights mechanism in ASEAN. Finally, we try to
propose other mechanism in regards to the protection of human rights by developing cooperation
in the enforcement of international criminal law for cases related to criminal matters in particular
among ASEAN countries.




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