Necessary to distinguish the concept of international law and practice of international law as a written document and / or theory. These differences sometimes lead to problems that could lead to a debate that never stopped heptinya. On the one hand, international law governs the relationship between the subject of the law to ensure a sense of justice, security, and order was on the other side as a reality in practice that so many violations committed by law subject interriasional so perceived by certain legal subjects as a condition full of injustice , insecurity, and disorder. This condition invites the question, how the development of international law and the time until the contemporary era. The following is a description of a chronological history of international law and its arguments in the practice of relations between nations.
2 - History of International Law.
In describing the historical development of international law since the fall of Rome until the fifteenth century by western writers, very rare uncovering the role of scientists and Islamic kingdoms when it reaches the height of glory. In general, in describing the historical development of international law in the medieval period, they only reveal figures from Western Europe, after the developments in these countries Greece, the Roman Empire, and Jews, just the characters who are considered pioneers of international law in the country Western nations, such as St. Thomas Aquinas (1226-1274), De Vitoria (1486-1516) and Suarez (1548-1617). In fact, at the time of kingdoms and Muslim scientists also took part in the build up to the international law never reaches the height of glory in the seventh century to the thirteenth century, while Europe is still in darkness and backwardness.
In the seventh and eighth centuries AD, Islamic resurgence sweeping the world. In the heyday negaraAbasyiyah, Muawiyah, and were ruled by Ottoman Muslims have managed to extend its power to Sicily, Southern Italy, France and Spain and some other European mainland. However, there is a misperception that he'd never expressed by historians about the leadership of the Arab Muslim who is considered to have attacked the Catholic world, especially in the expansion of the region to mainland Europe. It should be clarified that if any operation conquest, in fact it is a personal initiative, does not reflect the overall foreign policy.
Not much was revealed about the contribution of Islam in the practice of international law in the past, especially pads heyday of Islamic countries, apparently because of lack of publicity mainly by Muslim historians. Hamed A. Rabie (1981), a man who wrote "Islam and International Forces" suggests that any significant events that occur until the end of the third century Hijrah - including the period of Harun al-Rashid - have no place at all and found no evidence that demonstrate an understanding and perception the idea of ??forming a political Islamic leadership. He also questioned whether it makes sense to have an empire so vast region does not have any political concepts to the nature and aspects of interaction with the outside world? He cited an article that is not less important titled "Themes of Islamic Civilization" (The themes of Islamic Civilization) written by Alden Williams apparently left all aspects related to the perception of Islam to the outside world. Furthermore, Hamed A. Rabie recognizes that issues of international law in Islam has not been the object of study until now. According to him, there are two phenomena that require attention:
First, a common phenomenon works of Western writings on the history of international law in the Middle Ages in a manner never forget the role played by Islamic civilization in fostering the tradition of international law. At this time, the concept of general international law is a Jewish concept. Catholicism and Islam does not have its own perception.
Second, when investigated writings having Islamic, present or past, there is no earnest attention to the outside world. Indeed, in Islamic countries long ago many scholars of political Islam that has produced great works, such as:
1) Al Farabi of Transoxania (now, Turkemania), who lives pads 260-339 870-950 H or M, a philosopher and politician famous for his theory of "Madinatu'l Fadilah" which translates to the State President (Model State).
2) Ibn Sina (known as Avicenna in the West writing) and Belch (now Afghanistan), lived pads 370-428 980-1037 H or equal to M, a doctor politician, known for his theory of "Siyasatu` rrajul "which translates to the State Socialists ( Socialistic State).
3) Imam Al Ghazali of Thus, Persia (now Iran), who lived 450-505 or 1058-1111 H, a Sufi-politician. He is famous for his theory of "siyasat ul Akhlaq famous" State called Moral (Ethical State).
4) Ibn Rusjd (in writing dikenalAverroes west) of Cordova, Andalusia (now Spain), who lived at 520-595 H or equal to 1126-1198 AD, a judge-politician, known for his theory of "Ahkam Al Jumhuriyah wa'I ", which is also popularly called" The State of Democracy "(Democtratic State).
5) Ibn Kaldun of Tunis (now Tunisia), who lived at 732-808 H or equal to 1332-1406 AD, a sociologist ¬ politician famous for his theory of "Al Ashabiyah wa'1 ¬ Igtidad" more popular with the "State Commonwealth "(Welfare State).
The most popular theory that has to do with the topic / study of the five theory of international law is "Madinatu'1 Fadilah" written by Al-Farabi. In the book Al Farabi divides levels of human society in the form of the country's top three levels as follows.:
a. We're the Sugra (Small Communities National or State)
b. We're the Wusta (Central Community or Regional Fellowship)
c. We're the Uzma (State Great Society or International)
However, Al-Farabi not specifically explain the concept of the three levels of the state structure. He only mentions the term for a perfect society and recognized the city had the right to menj adi-called "Medina We're the guys".
Starting from the idea A.Rabie Hamed, it seems there is an error in presenting the history of international law, whether intentional or not. As an illustration, among the scientists and western writers and students in the field of international legal studies it is known that St. Thomas Aquinas (1226 ¬ 1274) considered to have made an outline (basic principles) for the State of the World. Even in the book "Indonesian and international relations" by Sumarsono Mestoko (1985) noted that St. Thomas Aquinas was a pioneer in international relations and law. And if history reveals, it turns out St. Thomas Aquinas was a faithful disciple of Al Farabi and followers in Aristotelianism that called by Al Farabi. Thus, it is not surprising that the theory of the world put forward by experts is then derived from the ideology We're the 'Uzma Al Farabi.
As a philosopher-politician Muslims, Al Farabi certainly developed his theory based on the teachings of Islam in the Qur'an. In the Bible has been put forward five principles of living within the international community, namely:
1) On the origin of human events from events long (Cre ¬ ation of mankind from the same couple) stated in Surah An Nisa verse 1 and verse 13 Surah Al Hujarat.
2) The whole of humanity is a single race (Mankind is one community) stated in Surah Al Baqarah verse 213 and Surah Yunus verse 20.
3) Islam calls for all mankind (Islam's universal call) are described in Surah Yusuf verse 104, Sura takwir verse 27, Surah Saba As verse 28 and Surah Al Anbiya verse 107.
4) On the skin and language differences (Difference of color and language) described in Surah Ar Rum verse 22 and verse 13 Surah Al Hujarat.
5) Command tolerant life (Toleration par excellence) described in Surah Al Baqarah verse 62 and Surah Al Maida verse 69.
3 - Intergovernmental Relations Modern Period
The birth of the modem preceded by a movement of Re ¬ Naissance (Enlightenment) that occurred in Europe and ending the medieval period (Middle Ages). Renaissance period considered as well as the transition from the dark mass in Europe (the Dark Ages) to the modern nation-state era, exploration, and beginning in the commercial field. Renaissance also called the European revival movement that occurred in the 14th century, and reached its peak pads the 15th century and 16th century AD. After the emergence of any bare thinking, the law of nations is mostly done through the state rather than through individuals. Kings of Europe are no longer subject to the authority of the Church. Re-. Naissance has really change the usual order of life in the Middle Ages.
The emergence of modern states characterized by the formation of large countries with the principle of sovereignty (Sovereighnty) which states that a ruler in one area of ??the country has sovereignty and absolute power in the region and or country. Thus the nation and other countries should be mutually menghornati existence and integrity of the nation and other countries. The birth of modem nations began a peace treaty Westphalia (1648), the events that ended the war for thirty years in Europe. State ¬ European countries at that time began to set foot on another continent, Asia, Africa, and even America, and gained the colonies / colonial.
Development of international law in the 16th century, 17, and 18, theoretically dominated by western scientists mainly from Spain, Holland and Italy. Gentilis Alberico, a law degree from Italy published a book entitled De Jure Belli Libri Tres (1958) greatly influenced the subsequent authors ideas. Hugo de Groot (1583 ¬ 1645) or also known by the name of Grotius, a Dutch jurist of international modem for successfully writing a book entitled De Jure and De Jure Belli Praedae Ac Pacis (1625). In addition, it is also argued Mare Liberium conception (conception of the high seas). In the UK, international experts hold that the law that wing posi ¬ tivist named Zouche (1590-1660), while the other is Puffendorf (1632-1694), an homage to the laws of nature .. In other words, future modem interstate relations is characterized by a number of authors born law and international relations.
4 - Nineteenth Century and the Age of Twenty (Super State Stage)
The development of international law of the nineteenth century pads changed when compared with conditions during the parla modem. According to Holsti (1983), the most prominent of the development of the pads of the nineteenth century was marked by the rise of nationalism of any nation-state, the technology of war and ideological conflict.
If in the previous century, many statesmen and kings who exchange a stream region simply by strategic considerations and economic criteria, then in the nineteenth century, many nationalist leaders who argued that the legal basis for determining a political organization (the state) are an ethnic group or groups clear language and therefore the state should be based on nationalistic grounds. Due to the influence of this nationalist doctrine, then comes the nationalist movements in Europe .. Various nationalist insurgency. occurs in a number of countries, such as Russia, Austria-Hungary, and Sweden-Norway. Further result of the nationalist movement is the use of the time by the government or heads of state to mobilize the people to conduct diplomacy and war. Whereas before, the government had difficulty moving his people in order to garner national power.
In the field of technology, nation states in the nineteenth century progressed rapidly in the field of technology, including the technology of war. Progress in nuclear weapons system is the most revolutionary contribution of science and technology to the war. As a result, the number of casualties of any war mengalarni increased very dramatically. Meanwhile, the background of armed conflict also influenced by a conflict of different ideologies, such as the emergence of the doctrine of Nazism, Communism, and Liberal Democracy.
In the late nineteenth and early twentieth century, there were two Peace Conferences at The Hague (Netherlands) respectively in 1899 and 1907. This conference is a milestone of the conception of the world socially and aspire or perform preventive war. However, it finally happened World War 1 (1914-1918), so it seems to have thwarted the results of the two conferences. At the end of World War 1, the world succeeded in establishing the League of Nations (LBB), which aims to prevent the recurrence of a war that has resulted in many casualties. However, even this attempt proved a failure, ie since 1933 when Japan invaded Manchuria and Italy invaded Ethiopia which culminates in World War 2, which erupted in 1939 until 1945.
System of international law in the twentieth century is also referred to as the contemporary global system. The contrast of the legal system is characterized by the growing importance of the position of the international organization that was born of the interstate agreement. According to Holsti (1983), there are some things that distinguishes the contemporary international system with the European system of the past century: (1) increasing the number of types of states, (2) the destructive potential of the countries that have nuclear weapons, (3 ) growing external threats including subversion, economic influence and military conquest, (4) increasing importance of non-state actors, such as national liberation movements, multinational corporations, international interest groups and political parties that transcend national boundaries, (5 ) prominent position has been achieved by the three non-European countries, is the Soviet Union (now Russia), China, and the United States.
Non-state actors can include interasional organizations, international organizations, regional and multinational movement. Such actors may include: Peserikatan Nation ¬ Nations, Non-Aligned Movement, the Arab League, NATO, ASEAN, EEC, and so on.