Legal Literacy - This article discusses the subject of -legal subject in law international, specifically about two types of subjects of international law, namely state actor and non-state actor. In addition, this article also explains eight subjects of international law, including States, the Holy See, International Organizations, the International Red Cross, Rebels, Individuals, Multinational/Transnational Corporations, and Non-Governmental Organizations. This article is supported by several sources taken from books related to international law.
In international law, there are subjects of law who are the owners or holders of rights and obligations in international law. According to Mochtar Kusumaatmadjaa legal subject is a party whose activities or actions are regulated in such a way that they have the authority to carry out their activities based on existing positive law (Kusumaatmadja & Agoes, 2010, p. 95). Meanwhile, according to Martin Dixon, an international legal subject is an entity that has the ability to exercise rights and obligations under international law (Sefriani, 2011, p. 102). From the definition of international legal subjects, it can be explained that these international legal subjects represent parties and actors as actors in international law.
In international law, there are two types of international legal subjects, namely state actor and non-state actor. These two types of legal subjects have differences in their legal capacity, where some have full legal capacity (full legal capacity) and limited legal capacity (limited legal capacity). There are eight subjects of international law, namely States (States), the Holy See (Vatican/The Holy Emperor), International Organizations (International Organizations), the International Committee of the Red Cross (International Committee of the Red Cross), Belligerents (Belligerents; Insurgents), Individuals (Individual), Multinational Corporations (Multinational Corporation) / Transnational Corporations (Transnational Corporation), and non-governmental organizations (non-governmental organizations). This is explained in the book by Kusumaatmadja & R. Agoes, 2010, pp. 95-112.
The following is an explanation of each subject of international law:
1. State
Subject The first subject of international law is the state.. States have full legal capacity (full legal capacity) as subjects of international law (Parthiana, 2002, p. 18). Historically, the recognition of states as subjects of international law can be traced back to ancient India, where laws governing nations existed. During that time, exchanges of royal envoys and regulations regarding warfare and the protection of civilians were practiced (Kusumaatmadja & Agoes, 2010, p. 26).
Hall's International Law in 1880 and the Montevideo Convention on the Rights and Duties of States in 1933 also became the foundation for the establishment of a state as legal subject international, where international law governs relations between states that voluntarily become subjects in those relations. The characteristics of a state are that it possesses permanent political power, has territory, and is free from the rules of other states/external parties.
2. The Holy See (Vatican / Holy Emperor)
The second subject of international law is the Holy See (Vatican / Holy Emperor). Historically, the recognition of the Holy See as a subject of international law began in Roman times, where there was a distinction in leadership between the kingdom and the Church. At that time, an emperor led the kingdom, while the Pope led the Church with authority exceeding that of an Emperor (Kusumaatmadja & Agoes, 2003, p. 100). In 1870, the Holy See was forcibly taken over by Italy, resulting in conflict. However, the conflict ended with the creation of the Lateran Treaty on February 11, 1929, in which the Holy See regained land in Rome and allowed the establishment of the Vatican state, thus the Vatican was recognized as a subject of international law (Kusumaatmadja & Agoes, 2003).
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