Individuals | Subjects of International Law | PUBLIC INTERNATIONAL LAW

Individuals as Subjects of International Law

I. Introduction

In public international law, individuals have traditionally been regarded as objects rather than subjects. However, the development of international human rights law and international criminal law has significantly altered this view, recognizing individuals as bearers of rights and duties. This discussion will delve into the status of individuals as subjects of international law, their rights and obligations, and the mechanisms through which they can interact with the international legal system.

II. Traditional View: States as Primary Subjects

Historically, states were the primary subjects of international law. In this traditional Westphalian model, individuals were regarded as objects of state actions, with no direct standing in international law. International law governed relations between sovereign states, while individuals were considered under the purview of domestic legal systems.

However, over time, international law has evolved to extend certain rights and obligations directly to individuals, making them subjects of international law in specific contexts.

III. Evolution of Individuals as Subjects of International Law

Several developments have transformed the position of individuals in international law:

1. International Human Rights Law
   The establishment of international human rights treaties marked a significant shift, recognizing individuals as rights holders independent of their national governments. Examples include:

   • Universal Declaration of Human Rights (UDHR) (1948): While not legally binding, it laid the foundation for subsequent binding treaties recognizing individuals' rights.
   • International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR) (1966): These binding treaties enumerate specific rights individuals enjoy under international law.
   • European Convention on Human Rights (ECHR) (1950): This treaty allows individuals to bring claims against states before the European Court of Human Rights.

   These treaties empower individuals by granting them rights, which states must respect and enforce under international law.

2. International Criminal Law
   International criminal law imposes direct obligations on individuals, holding them accountable for grave breaches of international law. This is most notably seen in:

   • The Nuremberg and Tokyo Tribunals after World War II, where individuals were held criminally responsible for war crimes, crimes against humanity, and genocide.
   • International Criminal Court (ICC) (1998): Established under the Rome Statute, the ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.

   These developments highlight that individuals can be held directly accountable under international law, independent of state actions.

3. International Humanitarian Law
   Individuals, especially combatants and civilians, are subjects of international humanitarian law (IHL), which governs the conduct of armed conflict. Key treaties include the:

   • Geneva Conventions (1949) and their Additional Protocols (1977): These treaties protect individuals in times of war, specifically civilians, prisoners of war, and the wounded. Violations of these treaties can lead to individual criminal liability under international law.

IV. Rights of Individuals in International Law

As subjects of international law, individuals enjoy certain rights under various international legal regimes:

1. Human Rights
   Under international human rights law, individuals are entitled to a wide range of civil, political, economic, social, and cultural rights, including:

   • The right to life, liberty, and security
   • Freedom from torture and inhumane treatment
   • Freedom of expression, assembly, and religion
   • The right to an adequate standard of living
   • The right to education, health, and work

   These rights are enshrined in binding treaties like the ICCPR, ICESCR, and various regional human rights instruments (e.g., the ECHR, the African Charter on Human and Peoples' Rights).

2. Diplomatic Protection
   Although individuals do not traditionally have direct access to claim rights under international law, states can exercise diplomatic protection on behalf of their nationals when a foreign state violates their rights. This is a mechanism where the injured individual’s state takes up their claim against the offending state, provided that the individual has exhausted all local remedies in the foreign state.

3. Access to International Courts and Tribunals
   Certain international bodies allow individuals to file complaints or petitions:

   • European Court of Human Rights (ECHR): Individuals can directly file claims against states alleging violations of their rights under the European Convention.
   • Inter-American Court of Human Rights: Individuals and groups can bring cases before the court, subject to certain procedural rules.
   • Human Rights Committee under the ICCPR: Individuals can file communications alleging violations of their rights by states that are parties to the Optional Protocol to the ICCPR.
   • African Court on Human and Peoples' Rights: This court similarly allows individual petitions under certain conditions.

   These mechanisms signify the increasing recognition of individuals as active participants in the international legal order.

V. Obligations of Individuals in International Law

Individuals not only enjoy rights but also bear responsibilities under international law. These obligations primarily arise in the context of:

1. International Criminal Law
   Individuals are directly accountable under international law for certain international crimes, including:

   • Genocide
   • War crimes
   • Crimes against humanity
   • Aggression

   The ICC, ad hoc tribunals (e.g., the International Criminal Tribunal for the former Yugoslavia and Rwanda), and hybrid courts (e.g., the Special Court for Sierra Leone) have jurisdiction to prosecute individuals for these crimes.

2. International Humanitarian Law
   Under the Geneva Conventions and other instruments, individuals involved in armed conflict must adhere to IHL principles, such as:

   • Protecting civilians and non-combatants
   • Treating prisoners of war humanely
   • Prohibiting torture and inhumane treatment
   • Prohibiting the use of certain weapons and tactics (e.g., biological and chemical weapons)

   Violations of these principles can lead to individual criminal responsibility.

3. Individual Responsibility in Economic Sanctions
   In certain cases, individuals can be subjected to sanctions (e.g., asset freezes, travel bans) imposed by international bodies like the United Nations Security Council for activities deemed threatening to international peace and security, such as terrorism or human rights abuses.

VI. Limitations of Individuals as Subjects of International Law

While individuals have gained recognition as subjects of international law, there are limitations to this status:

1. No General Standing Before International Courts
   Apart from human rights courts and specific mechanisms, individuals generally do not have standing before international courts such as the International Court of Justice (ICJ), which typically handles disputes between states.

2. Limited Enforcement Mechanisms
   Despite the rights conferred on individuals, enforcement remains a challenge. International law largely relies on state cooperation, and individuals often depend on their state or international organizations to uphold their rights.

3. Jurisdictional Issues
   The jurisdiction of international bodies over individuals is often limited by treaties. For instance, the ICC can only prosecute crimes committed on the territory of a state party or by a national of a state party, unless the UN Security Council refers a situation to the ICC.

VII. Conclusion

The role of individuals in international law has significantly evolved. While states remain the primary subjects, individuals now have direct rights and obligations under international law, particularly in the areas of human rights, international humanitarian law, and international criminal law. This recognition reflects a shift towards a more inclusive international legal order, wherein individuals are both protected by and accountable to the international community. Nonetheless, the enforcement of these rights and obligations remains largely dependent on states and international institutions, which presents ongoing challenges in the protection and accountability of individuals under international law.