Rows Of International Law Cases That Happened In 2021

The Myanmar coup is an example of an international legal case (Photo: Twitter @ yoonmay111)

JAKARTA - There have been many international law cases that have occurred since the beginning of 2021. Starting from the South China sea dispute to the coup carried out by the Myanmar military against elected leader Aung San Suu Kyi.

Before discussing further about international law cases that have occurred since last January, it is important to know the meaning and source of international law.

Understanding international law

International law is a part of law that regulates the activities of international entities.

Initially, international law was only defined as the behavior and relations between countries. However, over time, the scope of international law has expanded to include country by state, organizational behavior, multinational companies, and individuals.

Sources of international law

According to Muhammad Bakri in the book Introduction to Indonesian Law (Development and Legal Principles) (2015). The sources of international law are divided into two, namely primary law and subsidiary law.

The primary source of law itself is the most important source of law. This source of law can be independent without any other source of law.

There are at least three sources of primary law, including international treaties, international customs, and general legal principles recognized by countries.

As for subsidiary law, the source is divided into two, namely court decisions (international jurisprudence) and the teachings of scholars / experts (doctrine).

Examples of international law cases 1. The South China Sea dispute

An area of 3 million square meters in the South China Sea bordering the Philippines, Malaysia and Vietnam is in dispute.

The Chinese government claims territorial borders by bypassing the exclusive economic zones of a number of countries. The arbitral tribunal rejected China's claim.

In fact, the South China Sea dispute has been going on for a long time. According to Anthony Reid's record in Southeast Asia in the Commercial Period 1450-1680 volume I: Land below the Wind (2014), the conflict in the South China Sea has been going on for five centuries. Given that the area is an important trade route.

The most recent conflict in the South China Sea occurred in January 2021, when China heated up the United States by holding military drills in disputed waters.

Regarding this, Indonesia issued a stance and this was conveyed through the Indonesian Minister of Foreign Affairs, Retno Marsudi.

Retno emphasized to all countries, including China, to respect international law.

"I reiterate the importance of maintaining the South China Sea as a sea that is peaceful and stable. And to achieve this, one thing that all countries must do is respect and implement international law, including the 1982 UNCLOS (International Maritime Law), "said Retno at a press conference after the bilateral meeting with Chinese Foreign Minister Wang Yi, January 13, 2021.

2. Iranian tankers violate international law

At the end of January 2021, the Iranian-flagged MT Freeya tanker was secured by the Maritime Security Agency (Bakamla) for allegedly violating international law.

The ship was caught carrying out illegal transactions in Indonesian waters, to be precise in Pontianak waters.

The violations committed were illegal ship to ship BBM activities and deliberately shutting down the AIS (automatic indentification system) system.

3. The Myanmar Coup

On February 1, 2021, the Myanmar military took over the government after Aung San Suu Kyi's National League for Democracy (NLD) party won the election.

The military, which supported the opposition, demanded a re-vote and claimed the resulting victory was a fraud.

On the other hand, the Election Commission said there was no evidence to support the military's claims. The coup itself occurred when a new session of parliament was about to open.

No doubt, the coup received criticism from the world, including the President of the United States Joe Biden.

Biden condemned the military's takeover of the civilian government. According to him, this is a direct attack on the transition to a democratic state and rule of law.

"The international community must unite in one vote to pressure the Burmese military to immediately relinquish the power they have seized, free the activists and officials they have arrested," Biden said in February.

Meanwhile, the military argued that it had acted in accordance with the law and was constitutional because the government refused to address allegations of election fraud in November 2020.