State Responsibility for Serious Human Rights Violations in the Perspective of International and National Law

Abstract

This research aims to analyze the scope and implementation of state responsibility for gross human rights violations from the perspectives of international law and national law. The study employs a qualitative legal research method with a doctrinal and comparative research design, chosen to allow an in-depth examination of legal norms, principles, and accountability frameworks governing state obligations. The research is library-based and multi-jurisdictional, focusing on international human rights instruments and selected national legal systems, with Indonesia serving as a primary national reference due to its constitutional human rights framework and historical experience with serious human rights cases. To enrich the normative analysis, the study incorporates insights from three expert informants selected based on their professional expertise in human rights law, national human rights institutions, and legal practice. The findings reveal that although state responsibility for gross human rights violations is firmly established under international law, its domestic implementation remains fragmented and often limited to individual criminal liability, leaving broader state obligations insufficiently addressed. The study recommends strengthening the harmonization between international obligations and national legal mechanisms, enhancing institutional accountability, and adopting a comprehensive state responsibility framework that prioritizes victim-centered remedies and guarantees of non-repetition.