Grizelda, S.H., M.H. - Hukum Internasional (Subjek Hukum Internasional)

Summary

The video is an introduction to an international law course discussing the subjects of international law. The lecturer, Grizelda, explains that the main subjects include states, international organizations, the International Committee of the Red Cross, the Vatican, individuals, and rebel groups. She highlights key criteria for recognizing states, like permanent population, defined territory, and sovereign government. The lecturer also discusses organizations like the UN, and how rebels and individuals can be subjects of international law, especially in cases of human rights violations or war crimes.

Takeaways

• 📚 International law has six key subjects: states, international organizations, the International Red Cross, the Vatican, individuals, and rebel groups.
• 🌍 The state is the oldest and most important subject of international law, originally designed to regulate interactions between states.
• 👥 A state must meet five criteria according to the 1933 Montevideo Convention: a permanent population, a defined territory, a government, the capacity to interact with other states, and recognition.
• 🏛️ International organizations became subjects of international law after 1948, with the UN being recognized after a significant incident involving the killing of a UN agent.
• 🩺 The International Red Cross (ICRC) holds a special status in international law due to its humanitarian mission and was recognized before many other international organizations.
• ✝️ The Vatican, or the Holy See, is a unique subject of international law, focused on promoting peace rather than political influence.
• 🛡️ Rebel groups can be considered subjects of international law to protect their human rights, especially when recognized as organized and controlling territory (belligerency).
• ⚖️ Individuals who commit crimes against peace, humanity, or war crimes can be held accountable under international law through mechanisms like the International Criminal Court (ICC).
• 🚩 Rebel groups are classified as either 'insurgents,' who spread fear sporadically, or 'belligerents,' who are more organized and seek change in a nation's political structure.
• 💡 Students are tasked with considering whether ISIS qualifies as a subject of international law.

Q & A

What is the main topic of the lecture?

The lecture focuses on subjects of international law, specifically identifying entities that qualify as subjects under international law.

Who is considered the oldest and most important subject of international law?

The oldest and most important subject of international law is the state.

What are the five criteria for a state to be recognized as a subject of international law, according to the Montevideo Convention?

The five criteria are: (1) a permanent population, (2) a defined territory, (3) a government, (4) the capacity to enter into relations with other states, and (5) recognition by other states.

How did international organizations become subjects of international law?

International organizations became subjects of international law after 1948, following an advisory opinion from the International Court of Justice regarding the legal status of the United Nations.

What distinguishes the International Committee of the Red Cross (ICRC) from other international organizations?

The ICRC is distinct because it is primarily a humanitarian organization recognized as a subject of international law due to its humanitarian mission, and it was recognized earlier than other international organizations.

Why is the Vatican considered a subject of international law?

The Vatican is considered a subject of international law because of its unique status as a center for religious activities, particularly promoting peace, which differentiates it from typical political states.

Why are rebel groups considered subjects of international law?

Rebel groups are considered subjects of international law to ensure their human rights are protected, even if they oppose the sovereign state. Their inclusion also recognizes their role in certain conflicts under specific conditions.

What are the two types of rebel groups recognized in international law?

The two types of rebel groups are 'insurgents,' who act sporadically to instill fear, and 'belligerents,' who are more organized, with established leadership, symbols, and control over territory.

Under what circumstances can individuals be considered subjects of international law?

Individuals can be subjects of international law when they commit crimes such as crimes against peace, crimes against humanity, or war crimes. These individuals are tried in international courts, such as the International Criminal Court.

What question did the lecturer leave for the audience to consider?

The lecturer asked whether ISIS should be considered a subject of international law.