Development of International Law
Classical International Law
a). Ancient India
In ancient Indian culture there are rules and legal institutions that govern the relationship between castes, ethnic groups and kings. According to Bannerjce, the customs governing relations between kings, called the Dharma Village. Gautama Sutera and Manu laws contain royal law. The law governing relations between the kings at that time could not be said to be international law, because there was no separation from religion, social and state matters. But the writings at that time already showed the provisions governing relations between kings or kingdoms, such as the provisions governing the position of the king's emissaries and the privileges of the king's emissaries, agreements with other kingdoms, as well as the provisions of war and ways of war. [1]
b). Ancient Chinese
China introduces ethical values in the learning process for powerful groups. Establishment of a state tributary state regional power system. The formation of a union of Chinese states launched by Confucius. [2]
c). Ancient Greek
According to Vinoggradoff, at that time there were intermunicipal laws, namely customary rules that apply in relations between city states, such as provisions regarding messengers, declarations of war, slavery of prisoners of war. Intermunicipal rules are also applied to neighboring communities from city states. However, intermunicipal rules are strongly influenced by religious influences, so there is no strict separation between laws. Moral, justice and religion. [3]
The division of Greek population groups into 2 (two), namely: Greeks and non-Greeks (Barbarians). At that time also, the provisions of arbitration and trade representatives (consuls) were known. The most important contribution to international law is the concept of natural law, this concept was later developed further by the Romans.
d). Ancient Roman
In ancient Rome, the laws governing relations between kingdoms did not develop because the community of nations was an empire, the Roman Empire. The main contribution of the Romans to the development of law in general and very little to the development of international law. During this Roman period a distinction was made between Ius Naturale and Ius Gentium. Ius Gentium (community law) shows law which is a sub of natural law (Ius Naturale).
Understanding Ius Gentium can only be associated with the human world while Ius naturale (natural law) covers all phenomena of nature. The contribution of the Romans to the law in general was in the presence of the Corpus Juris Civilis, at the time of Emperor Justinian. The concepts and principles of civil law were later accepted in international law such as occupation, servitut, bona fides, pacta sunt servanda.
During the Roman reign, international law did not develop. This was due to the existence of the Holy Roman Empire (Holly Roman Empire), which did not allow the emergence of an independent nation that stood alone, and the structure of western European society that is feudal, which is inherent in the hierarchy of authority which inhibits the emergence of independent states, therefore there is no need for laws governing relations between nations. [5]
If the rebels were not able to meet the above objective requirements, then the new rebels would be in rebellion. If there is a third country that provides support or recognition, then the action is considered to be in a hurry and may be viewed as interfering in the affairs of another country.
Because in that case, it was the government that restored the peace and security of the region. On the other hand, if rebels based on objective assessment have recognized the conditions of warfare, then third countries based on subjective considerations (usually political) will give recognition to the rebelli group, which in turn, has led to its declining belligerent status. [2]
The granting of a declaration of independence to rebelli brings legal consequences for both rebelli and the country giving it recognition:
The belligerent ships were allowed to enter the ports of the countries in which they were accredited.
Belligerent can borrow funds (finance) to countries that give recognition, which will be refunded once the goal of the belligerent is achieved (a new country is formed).
Belligerent had the right to search the ships on the oceans, confiscate contraband goods and to conduct blackades. [3]
In belligerent, there is an example of a non-international conferencing that is later considered to be an international conferencing such as the "Internationalized internal armed conflict" which is a non-international armed conflict that is considered to have been internationalized since the rebel-held State recognizes the belligerent uprising