Subjects of International

Law
 Oppenheim’s definition of IL- Its revision suggests evolution of IL.
 Therefore, important to study “subjects of IL”
 Who is a ‘subject’ of IL? “A subject of international law is a body or entity recognized or
accepted  as being capable, or as in fact being capable, of possessing and exercising
 international law rights and duties.”- Dixon
 Subjects of IL today- States, Non-State entities, International Organisations ,Individuals
States

 States are the original and major subjects of International Law. Why? Their legal
personalities derive from the very nature and structure of the international legal
system. And rights and duties of the States are the primary concern of IL.
 State? A.1 of the Montevideo Convention on Rights and Duties of States 1933 lays
down that the State, as an international person, should possess the following
qualifications- a permanent population, a defined territory, government, capacity to
enter into relations with other States.
 The Arbitration Commission of the European Conference on Yugoslavia in Opinion no 1
declared that ‘the State is commonly defined as a community which consists of a
territory and a population subject to an organised political authority’ and that ‘such a
state is characterised by sovereignty.’ The form of internal political organisation and
constitutional provisions constituted ‘mere facts’ although necessary to determine the
government’s sway over the population and territory.
 Permanent population- no specification of a minimum number of inhabitants. Example-
Nauru and Tuvalu have a population of 10000-12000.
 Defined territory- consistent band of territory that is undeniably controlled by the
Government of the alleged State. However, there is no necessity in IL for defined and
settled boundaries.
 A government- any coherent political structure as opposed to a sophisticated
apparatus of legislative and executive organs. Over time, the tendency has been to
regard sovereignty as the paramount consideration irrespective of the administrative
conditions.
 Capacity to enter into legal relations with other States- i.e., sovereignty without which
the State would not be able to engage in international intercourse.
Non-State entities

Non-State entities possess definite, limited personality under IL- limited to the purpose of their
existence or the functions that they may perform.
 International territories- Territories placed under a variety of legal regimes including the UN
Trusteeship system. For instance, Cambodia (1992-1993), Bosnia and Herzegovina (1995),
and East Timor (1999-2002). These territories enjoy rights of self government and
independence, of advancement, of progressive development.
 National Liberation Movements- Many NLMs were granted Observor Status at UN
proceedings and discussions and also are allowed to enter into agreements. Further, they
have certain rights and obligations under International Humanitarian Law. For instance, PLO,
Angolan, Mozambican, Palestinian, and Rhodesian movements.
 Sui generis territorial entities such as Taiwan (GATT, WTO) and the Vatican City (has
diplomatic relations and international agreements with other subjects of IL)
 Insurgents and Belligerents- For being de facto administrators of a territory, they have
certain rights and duties under IL- entering into agreements on an international plane,
bound by rules relating to conduct of hostilities, etc
International Organisations

An international organization is an association of States, established by a treaty between

two or more States.  Its status is determined by the convention/treaty among States and,
therefore, the recognition of the international personality of an international organization
is limited to
 The signatory States of the convention creating such an organization; and
 the rights, duties, purposes and powers laid down in the treaty creating it.  
Individuals

As international law evolved, its concern moved to human welfare. It started as early as
1907 with the Hague Conventions relating to prisoners of war and wounded.
The trend of fixing individual responsibility for crimes also began Post WW2.
For instance, in the Nuremburg Trials, it was pointed out that “international law imposes
duties and liabilities upon individuals as well as upon states” and this was because
“crimes against international law are committed by men, not by abstract entities, and
only by punishing individuals who commit such crimes can the provisions of international
law be enforced”. The principles of the Charter of the Nuremberg Tribunal and the
decisions of this tribunal were affirmed by the General Assembly of the United Nations in
1946 (UNGA Resolution 95) thereby paving the way for individual criminal responsibility
under IL. It culminated into the establishment of the International Criminal Court
 Also, post WW2, International law became also concerned with individuals in the field
of human rights and the fundamental freedoms.  The UN Charter, International
Covenant on Civil and Political Rights of 1966, and the International Covenant on
Economic, Social and Cultural Rights of 1966.
Therefore, individuals have a sort of legal personality under International Law; they are
granted certain rights and subjected to certain obligations directly under International
Law.  International Law is applicable to relations of States with individuals and to certain
interrelations of individuals themselves where such relations involve matters of
international concern.