Here are 6 Subjects of International Law

PERTANYAAN

What is a subject of international law and what are the subjects of international law?

INTISARI JAWABAN

According to our research, the subject of international law consists of six subjects: states, international organizations, the International Red Cross, the Holy See of the Vatican, belligerents, and individuals.

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Berikut Ini 6 Subjek Hukum Internasional, written by David Christian, S.H. and was published on Tuesday, 24 May 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of International Law

In the beginning, international law only considered the state as the subject of international law. That is because in the early days it can be said that there were no or even rarely the existence of international legal persons other than the state who carried out international relations.[1]

International law can be defined as the law governing international entities. This is what distinguishes it from the national laws of each country, which regulate only national entities.

According to J.G. Starke, international law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and, therefore, do commonly observe in their relations with each other, and which includes also:[2]

1. the rules of law relating to the functioning of international institutions/organisations, their relations with each other, and their relations with state and individuals; and
2. certain rules of law relating to individuals and non-state entities so far as the rights and duties of such individuals and non-state entities are the concern of the international community.[3]

Then according to Mochtar Kusumaatmadja, international law is the overall rules and principles that regulate relationships or issues that cross state borders: between states and states; and states with other non-state legal subjects or non-state subjects with each other.[4]

In general, international law is defined as a set of rules and regulations that bind and regulate relations between states and other legal subjects in the context of international community life.[5]

Subjects of International Law

Furthermore, in answer to your question about what is a legal subject and what is included in the subject of international law, it is necessary to know that in general, legal subjects are defined as holders of rights and obligations. So, in short, the definition of the subject of international law is the holder of rights and obligations in international law.

Furthermore, still from the same book, Mochtar Kusumaatmadja explains that the subject of international law is everything that according to the law can have rights and obligations, and has the authority to conduct legal relations or act according to the provisions of applicable international law.

Subjects of international law are:

1. States

A State is the most complete type of subject of international law.[6] According to the 1949 Montevideo Convention, the qualifications of a state as a subject of international law are having a permanent population, a certain territory, a legitimate or sovereign government, and the state has the ability to enter into relations with other states.

2. International Organization

The classification of international organizations includes:

1. International organizations that have global membership with general purposes and objectives. For example, the United Nations (“UN”).
2. International organizations that have global membership with specific goals and objectives. Examples include the World Bank, the International Monetary Fund (IMF), and the World Health Organization (“WHO”), among others.
3. International organizations with regional membership with global goals and objectives. Examples are ASEAN (“Association of Southeast Asian Nations”), European Union, and others.

The position of international organizations as subjects of international law is now unquestionable, and they have rights and obligations stipulated in international conventions which are a kind of statutes.[7]

3. International Red Cross

The International Red Cross, based in Geneva, has its own place in the history of international law. The International Red Cross as a subject of international law has a limited scope. However, it’s position is strengthened by international treaties and conventions. Considering that it’s mission is for humanity, this international organization must be independent and carried out without the intervention of any state.

4. The Holy See of the Vatican

As quoted from the article Vatican as a Subject of International Law, the Vatican is a subject of international law because it is recognized by the countries of the world and is a party to international treaties and a member of several international organizations.

This happened after the treaty between Italy and the Holy See on February 11, 1929 (Lateran Treaty) which returned a piece of land in Rome to the Holy See and allowed the establishment of the Vatican state, which with the treaty was also established and recognized.[8]

5. Belligerents

According to humanitarian law, a group of belligerents can be a subject of international law if it is organized, obeys the humanitarian law, has a controlled territory, has the ability to enter into relations with other states, can determine its own destiny, controls natural resources in the territory under its control, and chooses its own economic, political, and social system.

6. Individual

Humans as individuals are also included in the subject of international law. Still sourced from the same book, Mochtar Kusumaatmadja explained, the 1919 Treaty of Versailles contains a number of articles that allow individuals to file cases internationally to the International Court of Arbitration.

Thus, it can be summarized that there are six subjects of international law, namely states, international organizations, the International Red Cross, the Holy See of the Vatican, belligerent, and individuals.

Also read: The Definition of International Law and It’s 6 Subjects

These are the answers we can provide, we hope you will find them useful.

Reference:

1. Boer Mauna. Hukum Internasional, Pengertian, Peranan dan Fungsi dalam Era Dinamika Global. Bandung: Alumni, 2005;
2. I Wayan Phartiana. Pengantar Hukum Internasional. Bandung: Mandar Maju, 2003;
3. J.G. Starke. Introduction to International Law, 9^th Edition, translated by Sumitro L.S. Dauredjo, Pengantar Hukum Internasional, Jakarta: Aksara Persada Indonesia, 1984;
4. J.G. Starke. Pengantar Hukum Internasional, 10^th Edition. Jakarta: Sinar Grafika, 2001;
5. Sumitro L.S. Dauredjo. Pengantar Hukum Internasional. Jakarta: Aksara Persada Indonesia, 1984;
6. Mochtar Kusumaatmadja. Pengantar Hukum Internasional. Jakarta: Binacipta, 1997;
7. Mochtar Kusumaatmadja and Etty R. Agoes. Pengantar Hukum Internasional. Bandung: PT Alumni, 2003.

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[1] I Wayan Phartiana. Pengantar Hukum Internasional. Bandung: Mandar Maju, 2003, p. 85.

[2] J.G. Starke. Pengantar Hukum Internasional, 10^th Edition. Jakarta: Sinar Grafika, 2001, p. 3

[3] J.G. Starke. Introduction to International Law, 9^th Edition, translated by Sumitro L.S. Dauredjo, Pengantar Hukum Internasional, Jakarta: Aksara Persada Indonesia, 1984, p. 1.

[4] Mochtar Kusumaatmadja. Pengantar Hukum Internasional. Jakarta: Binacipta, 1997, pp. 3-4.

[5] Boer Mauna. Hukum Internasional, Pengertian, Peranan dan Fungsi dalam Era Dinamika Global. Bandung: Alumni, 2005, p. 1.

[6] Mochtar Kusumaatmadja. Pengantar Hukum Internasional. Jakarta: Binacipta, 1997, p. 97.

[7] Mochtar Kusumaatmadja and Etty R. Agoes. Pengantar Hukum Internasional. Bandung: PT Alumni, 2003, p. 101.

[8] Mochtar Kusumaatmadja and Etty R. Agoes. Pengantar Hukum Internasional. Bandung: PT Alumni, 2003, p. 100.