What do you mean by subjects of International Law?

Can an Individual be a subject of International Law? If

so in what circumstances.
By Salar Khan
For PDF; ryvfyouth@gmail.com

INTRODUCTION:-A subject of rules is a being upon which the rules confer rights, capacity and
imposes duties and responsibility. Generally it is the State who enters into treaties with each other and
is thus bound by its provisions. This does not however mean that other entities or individuals are
outside the scope of international law. International law applies upon individuals and certain non-state
entities in addition to states. In the modern era the international law has expanded a lot. Now this law is
applied besides States and individuals also.
THEORIS REGARDING SUBJECTS OF INTERNATIONAL
LAW:- Following are the three main theories prevalent in regard to the subjects of international
law:-

1. Only States are the subject-matters of I. Law:- Certain jurists have

expressed the view that only International law regulates the behaviour of states hence states are its
subject matters. Percy E.Corbett says, “The triumph of positivism in the late eighteenth century made
the individual an object not a subject of international law.

CRITCISM: - The jurists have bitterly criticised as this theory fails to explain the case of slaves and
pirates. The pirates are regarded enemy of humanity and they can be punished by the State for piracy.
In international arena by some ordinary treaties community of states have granted certain rights. But
those jurists who say that states are the only subject-matter of international law but are object of it. To
say that individuals are not the subject but object of the International law seems to be incorrect. Prof.
Schwarzenberger, has aptly remarked that this view is controversial. He asserts that he individual who is
the base of the society is only an object of the I. Law is not justified.

2. Only individual are the subjects of International law: - Just

contrary to the above theory there are certain jurists who have expressed the view that in the ultimate
analysis of international law it will be evident that only individuals are the subject of International Law.
The main supporter of this theory is Professor Kelson. Before keelson this view was expressed by
Westlae, who opined, the duties and rights of the States are only the duties and rights of men who
compose them. Kelson has analysed the concept of State and according to him it is a legal concept
which as a mixture of legal rules applicable to all the people living in certain area hence the obligations
of a State in international law in the last resort are the duties of individuals of which state consists.

In fact there is no difference between international law and state law. In his view both laws
apply on the individuals and they are for the individuals. However he admits that the difference is only
this that the state law applies on individuals intermediately whereas international law applies upon the
individuals mediately.

Criticism:-So far as logic is concerned the view of Kelson seems to be correct. An example is the
Convention on the settlement of invest Disputes between States and Nationals of the other states, 1965.
By this treaty provision is made to settle the disputes which arise by investment of capital by nationals
of one state in other states. So it is clear that the view of Kelsen that international law is made
applicable through the medium of a State seems justified.
3. States individuals and certain non-state Entities are
Subjects: - This view seems to be justified as against the above views. In support of this, the
following reasons may be advanced: - i) in modern times many treaties grants rights and duties to
individuals. ii) In case Danzing Railway PCIJ-1928, in case the State Parties of a treaty intended to grant
rights to individuals then International Law would recognise such rights and International Court will
enforce them. iii). Geneva Convention of Prisoners of War-1949 has also accorded certain rights o
prisoners of war. iv) According to Nuremberg Court since crimes against International Law are
committed by individuals the provisions of International Law can be enforced. vi) Genocide convention-
1948:- In the convention also individuals have been assigned directly certain duties. By article 4 of this
convention those individuals who commit international crime of genocide should be punished whether
they are public servants or ordinary person.

By the above description it is clear that only states are not subject matter of Internationals Law but in
modern times individuals international Institutions, Non-state entities minorities are also the subject-
matter of International Law.

PLACE OF INDIVIDUALS IN INTERNATIONAL LAW: - As pointed out

earlier individuals are also treated to the subjects of international law although they enjoy lesser rights
than states under international law. In the beginning they were accepted as subjects of international law
as an exception of the general rule and number of jurists treated them as objects rather than the
subject. In the recent times several treaties concluded wherein rights have been conferred and duties
have been imposed upon the individuals. Some of the provisions are as under:-

1. Pirates: Under I. Law pirates are treated as enemies of mankind. Hence every state is entitled to
punish them.

2. Harmful acts of individuals: - For the amicable and cordial relation of the state it is necessary that
the individuals should not be involved in such acts as may prove detrimental for the good relations
among states. A leading case ex parte Petroff-1971, wherein two persons who were found guilty of
throwing explosive substances on the Soviet Chancery were convicted.

3. Foreigners: to some extent international law also regulates the conduct of the foreigners. According
to international law it is the duty of each state to give to them that right which it confers upon its own
citizens.4.War criminals: can be punished under international law. 5. Under some treaties individuals
have been conferred upon some rights whereby they can claim compensation or damages.