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Abstrak :
Since the end of World War II. international tow of human rights have a rapid and significant improvement so that Us become the primary source of law wte» state, international organization, and individual faces the human rights problems in all over the world. Efforts from the world community to improve the system of human rights protection achieve its culmination point when the UN diplomatic conference agreed the Rome Statute about International Criminal Court. Indonesia does not ratify that convention because Indonesia already has the law of human rights that is in the Law Number 26 Year 2000, This regulation applied to several cases of human rights violation in Indonesia such as Abilio Jose Osorio Soares case. Soedjarwo case, and G. M. Timbul Sitaen, In those cases, the definition of "a systematic and widespread attack" becomes the main discussion. The Rome Statute applies the principle of "non-retroactive" while the Indonesian human rights law applies the principle of "retroactive ".