Introduction
Traditionally, states were regarded as the only subjects of international law. Individuals were treated merely as objects whose rights and duties were protected or enforced through their respective States.
With the progressive development of international law, this position has changed significantly. Today, individuals enjoy certain rights under international law and can also be held directly responsible for violating specific international rules. Consequently, individuals are now recognised as limited or partial subjects of international law.
Meaning and Legal Status of Individuals
A subject of international law is an entity that possesses rights and duties under international law and has the capacity to enforce those rights or to bear responsibility for their violation.
Individuals do not enjoy the same legal status as states. Their international legal personality is limited; they can exercise only those rights and duties expressly recognised by international law. Nevertheless, modern international law acknowledges individuals as important participants in the international legal system.
Rights of Individuals under International Law
International law grants several rights to individuals, primarily through treaties, conventions and customary international law.
Human Rights
Individuals enjoy fundamental rights such as the right to life, liberty, equality, freedom of expression, freedom of religion, and protection against torture and discrimination. These rights are recognised under the Universal Declaration of Human Rights, 1948 (UDHR) and the International Covenant on Civil and Political Rights, 1966 (ICCPR).
Right to International Protection
International law protects individuals against unlawful treatment by their own state as well as by foreign states. Refugees, for instance, receive protection under the Convention Relating to the Status of Refugees, 1951.
Right to Approach International Bodies
Individuals may submit complaints to certain international bodies. Under the First Optional Protocol to the ICCPR, individuals can bring communications before the Human Rights Committee, subject to the prescribed conditions.
Rights under International Humanitarian Law
During armed conflicts, civilians, prisoners of war and wounded combatants enjoy protection under the Geneva Conventions of 1949 and their Additional Protocols.
Right to Reparation
Victims of certain international wrongs may obtain compensation or other forms of reparation through international mechanisms.
Duties and Responsibilities of Individuals under International Law
Modern international law not only confers rights but also imposes direct duties and responsibilities on individuals. They may be held personally accountable for serious international crimes.
War Crimes
Individuals who commit serious violations of the laws and customs of war may be prosecuted for war crimes.
Genocide
Under the Convention on the Prevention and Punishment of the Crime of Genocide, 1948, individuals responsible for genocide may be punished irrespective of their official position.
Crimes against Humanity
Individuals who commit widespread or systematic attacks directed against any civilian population may be held personally responsible.
Crime of Aggression
Political and military leaders may incur individual criminal responsibility for planning, preparing, initiating or executing an act of aggression, subject to the applicable legal requirements.
General Duty to Respect International Law
Individuals are under a duty to respect international rules concerning human rights, humanitarian law and other applicable obligations.
Important International Cases
Several judicial decisions have affirmed that individuals possess rights and duties under international law.
Nuremberg Trials (1945–46)
The International Military Tribunal held that individuals, including government officials and military leaders, could be personally punished for international crimes. It famously declared that “crimes against international law are committed by men, not by abstract entities.”
Mavrommatis Palestine Concessions Case (Greece v. United Kingdom, 1924)
The Permanent Court of International Justice observed that when a state espouses the claim of its nationality, it is in reality asserting its own rights. The case illustrates the traditional system of diplomatic protection.
LaGrand Case (Germany v. United States of America, 2001)
The International Court of Justice held that Article 36 of the Vienna Convention on Consular Relations creates individual rights for detained foreign nationals.
Prosecutor v. Tadić (ICTY, 1995)
The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia confirmed individual criminal responsibility for serious violations of international humanitarian law, even in the absence of a formal state structure.
Role of the International Criminal Court (ICC)
The establishment of the International Criminal Court under the Rome Statute, 1998, marks a significant development in recognising individuals as subjects of international law.
The Court has jurisdiction over four core international crimes:
- Genocide
- Crimes against humanity
- War crimes
- Crime of aggression
The ICC can prosecute individuals, including political and military leaders, irrespective of their official capacity, thereby reinforcing the principle of individual criminal responsibility under international law.
Conclusion
The status of individuals in international law has evolved from that of mere objects to limited subjects possessing recognised rights and duties. They enjoy protection under international human rights and humanitarian law and may be held personally accountable for serious international crimes.
Although individuals do not possess the full legal personality of States, their expanding rights, duties and responsibilities have made them important actors in the contemporary international legal order. International law is no longer concerned solely with states; it also addresses the rights and responsibilities of individuals.
