The International Community and the Evolution of International Relations

Introduction: When one reflects on the edifice of the international community, they notice the extent of organization, development, and harmony that has begun to characterize political life in many areas. Humanity has only reached this level of organization after a long and arduous historical period. Many scholars of international law have traditionally dated the emergence of the international community to the 16th century AD, which reflects a narrow Eurocentric view of public international law, previously regarded as the law of civilized European nations. However, some argue that international law primarily governs relations among human groups and communities. When applied to states, international law effectively means it is implemented upon them as distinct and sovereign political communities. Thus, we can assert that ancient societies were considered “political communities” and ancient international law drew its boundaries from the relationships among these societies.

The Nature of the International Community: The international community is a type of political community, akin to national communities, albeit with differences in geographic scope and relational frameworks. The political community has existed since the dawn of human civilization, resulting from the stabilization and organization of human group life in a specific time and place, characterized by:

• The existence of authority that maintains solidarity through legal norms.
• The possession of means for coercion and enforcement.

Thus, all countries of the world participate in forming the international community. Consequently, the study of the composition and evolution of the international community should begin from the earliest historical periods, which we will brief as follows:

1. The International Community Before Christ (3000 BC to 476 AD):
   • Ancient Eastern Civilization
   • Ancient Western Civilization
2. The International Community in the Middle Ages (476 AD to 1453 AD):
   • The Christian World (Europe in the Middle Ages)
   • The Islamic World in the Middle Ages
3. The International Community in Modern and Contemporary Times (1453 to present):
   • First Phase (1453–1815)
   • Second Phase (1815–1914)
   • Third Phase (1914 to present)
4. Entities in the International Community:
   • The State and its Foundations
   • Forms of States
   • Rights and Duties of States
   • Sovereignty under Globalization and Changing Power Dynamics

The Ancient Era: This era begins around the third millennium BC and extends until the fall of Rome in 476 AD. The general situation during this period is characterized by two types of political organizations:

1. Empires established by major powers at the time (e.g., the Pharaonic Empire, the Achaemenid Empire (6th to 4th century BC) in Persia, and the Babylonian Empire).
2. City-states, particularly the Greek cities, known for their harmony in interaction and extensive organization in their relationships.

These societies were predominantly warlike, which spurred debates among scholars regarding the possibility of emerging legal norms and primary sources for international organization. However, scientific research has revealed the existence of international norms and relationships among these societies, even if these norms were limited in scope and primitive in concept.

The French thinker Montesquieu asserted that “all peoples, including the Red Indians who eat the flesh of their prisoners, had international law.”

I. The Ancient East:

1. Civilization of Mesopotamia: A treaty made in 3100 BC between two tribal leaders in the Mesopotamian region aimed at resolving a border dispute and provided for arbitration to settle their disputes.
2. Pharaonic Civilization: Research uncovered a treaty written in Babylonian between Ramses II, the King of Egypt, and Hattusilis, the King of the Hittites, around 1292 BC, wherein both parties promised mutual assistance against internal enemies and agreed to surrender those who sought refuge in the other’s territory on the condition of no prior punishment.

This treaty is regarded as one of the oldest known models relating to the extradition of political criminals. The respect and enforcement of these treaties were often guaranteed by the gods, with each party traditionally swearing by several deities to ensure compliance.

3. Judaism: Characterized by isolationism and a sense of superiority over other peoples, exalting violence and warfare to the extent of calling their god “The God of Vengeance.” In the Old Testament, Chapter 15 of the Book of Samuel contains a direct command from their god to their king: “… And kill every man, woman, child, and infant; ox and donkey…”
4. Phoenician Civilization: The Phoenicians were a major trading power whose economic influence extended from the Levant in the east to Spain in the west. Their power grew further with the establishment of Carthage in Tunisia around 825 BC. The Carthaginian state was constitutional, with a republican form of governance and specialized councils, such as the elected Senate (28 members), Trading Council, and Judiciary Council.

In Algeria, emirates and city-states emerged, the most famous of which was the Numidian state ruled by Jugurtha (118 BC to 14 BC), who spent much of his life fighting against the Romans.

II. The Ancient West: The term “Ancient West” refers to both Greek and Roman civilizations.

Greek Civilization: This civilization significantly contributed to the formation of international law principles. The Greek society was divided into numerous independent political units (before being unified by Alexander the Great in the second half of the 4th century BC), which helps explain the emergence of a set of international legal norms governing relations among these cities during times of war and peace.

These units, termed “city-states,” were closely related and distinguished by stability and understanding due to their shared heritage. They engaged in exchanges of diplomatic missions, established peaceful coexistence rules (such as arbitration as a conflict-resolution method), and set forth certain rules of war (such as the necessity to declare war before commencing hostilities and sanctities during specific times, like the Olympic Games). The Greeks recognized two fundamental means of legal relationships: treaties and diplomacy.

Treaties were used to regulate relations in various areas, such as peace reinforcement (e.g., the treaty in 446 BC between Athens and Sparta) or military alliances (e.g., the treaty in 418 BC between Sparta and Argos). Diplomatically, the system known as “proxenia” emerged, which laid the groundwork for what we now know as diplomatic protection (the inviolability of ambassadors). Yet, these rules applied strictly among the cities themselves, reflecting a Greek distinction between the Greek people and other populations deemed “barbarians,” who had no rights and were subject to slavery or killing, positioning Greek city relations with outsiders predominantly on a conflict-driven basis devoid of legal order or humanitarian principles.

Roman Civilization: The Romans shared the belief in their superiority over other peoples and developed Roman civil law (Jus civil), applicable solely to Romans and not to the other peoples of the expansive Roman Empire. As the number of foreigners increased, Roman authorities, starting from 242 BC, appointed special judges known as “judges of foreigners,” tasked with resolving disputes based not on law but on prevalent customs and principles of morality and justice, later known as the law of nations (Jus gentium).

For their relations with other nations, the Romans adopted a different regulatory framework represented by sacred divine law, supervised by a group of priests known as “Fetiales,” who determined whether there was just cause for declaring war against a foreign nation, as well as making peace and concluding treaties. Prominent thinkers of this era, such as Saint Augustine (354–430 AD), distinguished between just (Guerre juste) and unjust (Guerre injuste) wars in his book “The City of God” (La cité de Dieu). In addition to the aforementioned, Roman relationships with other peoples depended on whether those peoples held treaties of friendship (Amicitia), hospitality (Hospitium), or alliance (Foedus) with Rome, granting their individuals protection while in Rome’s territory. In contrast, those without such treaties had no protection, making their killing or enslavement permissible.

In summary: While various peoples and, by extension, civilizations during ancient times contributed to the foundational rules of international law and, thus, international organization, some scholars refute this, claiming that those ancient states and civilizations had no common law, and there was no equality among the various peoples and races; hence, the social foundations for international law were lacking.

Others, including Kant, Vergé, Maury, and Whoton, argue that during ancient times, there was no understanding of the fundamental concept of international law, as humanity was not respected as such, and foreigners were treated as enemies; treaties had no sanctity, thus power dynamics and chaos dominated the international community, where war was deemed a legitimate means to acquire and protect rights.

However, if contemporary international law exists as a unified legal entity, then the (international) rules known in antiquity formed disparate systems varying by each ancient state or civilization, attributed undoubtedly to the life circumstances and historical, geographical, political, and economic contexts that necessitated the emergence of specific legal principles among different peoples or states within particular regions. Nevertheless, this does not negate the contributions of ancient civilizations to the inception of international law principles, which were contextually limited geographically and thematically, and bore no resemblance to today’s international community characterized by a form of organization and stability governed by fixed legal rules. Among the key principles recognized in ancient times include:

• Acknowledgment of distinct and independent political units.
• The existence of diplomatic representation.
• Capacity to establish legal relations between these units based on mutual rights and duties.
• The belief among various communities at that time that commitments made under specific formal conditions were binding on the parties involved.

Chapter Two: The International Community in the Middle Ages (476 AD – 1453 AD) Most historians agree that the medieval period begins with the fall of the Western Roman Empire (with Rome as its capital) in 476 AD and ends with the fall of the Eastern Roman Empire (with Constantinople as its capital) in 1453 at the hands of the Ottoman Sultan Mehmed II, bringing the region under Ottoman rule.

In this chapter, we will address the status of Christian Europe during this period, as well as clarify the key international principles that were reflected in Islamic law and Muslims in their relations with non-Islamic peoples.

I. The Christian World (Europe in the Middle Ages): The world witnessed, particularly after the fall of the Western Roman Empire, a halt in the advancement of international law due to several factors and circumstances that hindered the establishment of an international community or organization, even on a regional level (at least in Europe), especially as principles of territorial authority prevailed under the feudal system, preventing the establishment of any effective central authority that persisted until the beginning of the 11th century. During this time, direct relations with the outside world gradually commenced mainly for trade purposes, leading to the emergence of international markets.

Key factors that hindered the development of international law include:

Fragmentation and Political Chaos: After the division of the Roman Empire in 395 AD under Emperor Theodosius between his two sons into a Western and Eastern Empire, the former quickly fell to Germanic tribes in 476 AD, thus dividing Europe into numerous warring kingdoms and principalities, characterized by ongoing hostilities. This political disorder lingered until Emperor Charlemagne successfully unified these political units under the framework of the Holy Roman Empire, after being crowned by Pope Leo III. However, this state of unity was short-lived, and after Charlemagne’s death in 843 AD, discord and fragmentation resurfaced, exacerbated by increasing church interference in state and governance affairs.

Feudal System: Emerging in Europe from the 9th century onward, this system operated on the principle of exclusive authority vested in princes or rulers over specific territories, treated as their personal property. It also relied on an agrarian economy and a system of serfdom. Power in feudal kingdoms was distributed among the king, emperor, pope, and feudal lords.

Internally, every feudal lord wielded authority in their domain without royal oversight, and externally, a king could not express a unified will for his kingdom against other kingdoms due to fragmentation, making the kingdom incapable of exercising internal or external sovereignty. Given this situation, the prospect of an international organization was untenable as kingdoms became divided into insular feudal principalities, perpetually warlike among themselves.

Conflict Between Pope and Emperor: The medieval period was marked by bitter conflict between the pope and the emperor over who would exercise temporal authority (secular matters excluding the religious). Each side justified their claim to this power; the emperor relied on the theory of divine right, asserting God’s delegation of authority to the king as representing divine will on Earth.

In contrast, the pope invoked the theory of the two swords, positing that God created two swords, one representing the spiritual realm (to the pope) and one the temporal realm (to the emperor), implying that the pope transcended the emperor. Accordingly, the empire was governed by two laws: the temporal (civil) law that regulated relations among the empire’s subjects and canon law governing relations rooted in beliefs. Despite the existence of the church as a religious authority and the emperor as a temporal authority, their ongoing rivalry heightened political chaos in Europe, particularly when Emperor Henry IV deposed Pope Gregory VII in the latter half of the 11th century.

Role of Christianity: Historically, Christianity was officially recognized as the religion of the Roman Empire (and thus of Europe) by Emperor Theodosius in 380 AD. Its spread across Europe softened inter-kingdom relations, which were religiously unified under the spiritual leadership of the Catholic pope. Early Christians categorically prohibited war based on biblical teachings, but this consensus did not persist long. They split into two factions: one advocating absolute peace based on Christ’s teachings, and the other arguing that the Gospel does not prohibit the use of force in human life.

This divergence led to the definition of just (legitimate) and unjust (illegitimate) wars, prominently featured in various writings, most notably by Saint Augustine in “The City of God,” in which he differentiates between defensive wars aimed at eradicating injustice and restoring peace (just wars) and offensive wars aimed at plunder and conquest (unjust wars). Additionally, the scholar Thomas Aquinas in the 13th century promoted the notion of just wars declared by a prince against a people wronging another, contrasting with unjust wars aimed at seizing territory or encroaching on another state’s borders. Although church councils failed to prevent wars entirely among Christian nations, they ratified the following agreements:

• The Peace of God (La paix de dieu) in 1095, addressing the neutrality of church institutions and the protection of clergy, elderly, women, and children during warfare.
• The Truce of God (La trêve de dieu) in 1096, prohibiting warfare on certain days of the week (from Friday evening to Monday morning) and during religious holidays.
• The principle of arbitration, requiring disputing princes to seek the judgment of a religious or political figure before resorting to war.
• The principle of mediation, involving a neutral party to facilitate dialogue between disputants.

It is noteworthy that this Christian religious unity adversely affected relations between European states and non-Christian territories, as these kingdoms refused to recognize Islamic lands and engage with them on an equal footing, evidenced by the Crusades initiated by Christian princes, called for by Pope Urban II and monk Peter the Hermit in the early 11th century, lasting almost three centuries.

International Legal Principles Emerging in the Medieval Era: The following are some legal principles that emerged during this period:

• Division of international law into laws of peace and war, a distinction still recognized today.
• The emergence of the concept of just ( legitimate) and unjust (illegitimate) wars, with the former permissible against non-Christians and the latter unjustifiable against Christians without rightful cause.
• Preservation of arbitration for resolving international disputes and preventing wars.
• The development of diplomatic and commercial relations, marked by the establishment of foreign ministries and permanent embassies, along with the structuring of diplomatic functions, privileges, and immunities in Europe.
• Commercial relations contributed to the emergence of maritime law concerning trade protection, search rights, and maritime smuggling.
• Development of the consular system to protect Christian nationals in non-Christian lands.

However, this evolution did not extend to all states of that time but applied only to Christian nations, leading to the conclusion that these emergent rules in that era lacked universal applicability due to their religious nature (Christianity).

II. The Islamic World in the Medieval Era: Islam arrived affirming the calls of messengers and prophets to believe in the Lord of the worlds, establishing a unified source of these calls — the One God. The essence of these religious calls rests on faith in Him without partners (monotheism). Thus, Islam’s invitation to a universal unity draws on Islamic brotherhood that does not exclude individuals for the community or the community for individuals; it is instead a unity based on freedom and justice.

Islamic jurisprudence has significantly contributed to developing several principles of international law and protecting human rights, and it remains capable of enriching and evolving these principles today, evidenced by the following:

The Global Dimension of Islamic Law Provisions: Islam addresses various aspects of life and introduces lofty social and human principles that can serve as a solid and enduring foundation for international relations and the organization of the global community, encapsulated in comprehensive global dimensions, such as:

Universal Message (The Global Nature of Islamic Law): Islam emerged as a religious and civilizational call to all humanity without discrimination, as emphasized in several Qur’anic verses: “… And We have not sent you except as a bringer of good tidings and a warner to all mankind…” [Sabah, verse 28], “… Say, O mankind, indeed I am the Messenger of Allah to you all…” [Al-A’raf, verse 158].

Call to Islam: Islam is the foundation for Muslims’ relations with others to strengthen bonds of brotherhood and compassion among all people: “…And if they incline to peace, then incline to it…” [Al-Anfal, verse 61]. Muslims may only engage in combat to defend themselves: “… And fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors…” [Al-Baqarah, verse 189]. Thus, Islam disallows the justification of war, which it considers an exceptional act, urging humane conduct in warfare against Muslims and non-Muslims, emphasizing the need to declare war formally and avoid surprise attacks, refrain from killing non-combatants (the elderly, children, etc.), and treat prisoners and the wounded humanely.

Equality Among Humans: Islam posits that all people are equal at their origin: “O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women…” [An-Nisa, verse 1]. Differences in race, color, or language should not obstruct mutual relations characterized by mutual understanding and cooperation: “O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous…” [Al-Hujurat, verse 13].

Guaranteeing Human Rights and Freedoms: Islam has protected human rights and elevated human dignity, honoring humanity over all creation: “And We have certainly honored the children of Adam…” [Al-Isra, verse 70]. It holds that human beings are empowered over creation and given reason to discern its truths: “It is Allah who subjected to you the sea that ships may sail upon it by His command and that you may seek of His bounty; and perhaps you will be grateful. And He subjected to you what is in the heavens and what is in the earth, all of it…” [Al-Jathiya, verses 12-13]. Respecting freedom of belief and prohibiting the coercion of individuals into faith is emphasized: “There is no compulsion in religion…” [Al-Baqarah, verse 256].

Commitment to Obligations: Islam underscores the importance of honoring commitments and fulfilling pledges: “And fulfill the covenant. Indeed, the covenant is ever [that about which one will be] questioned…” [Al-Isra, verse 34], “And fulfill your covenant to Allah when you have contracted…” [An-Nahl, verse 91].

Islamic Jurisprudence on International Relations: Islamic jurisprudence categorizes the international community into three realms: Dar al-Islam, Dar al-Harb, and Dar al-Ahd.

Dar al-Islam: This refers to regions where Islamic law is implemented, under the authority of Muslims. An exception allows for other laws’ application concerning personal status for non-Muslims, such as the Dhimmi (Jews and Christians), who enjoy rights equivalent to Muslims, coupled with the guarantee of religious freedom in exchange for a tax known as jizya, applicable to able-bodied men but exempting women and children.

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