Subjects of International Law — KSLU Pil Notes

Subjects of International Law

flowchart TD
    S[Subjects of International Law] --> FULL[Full Subjects - Complete Legal Personality]
    S --> PARTIAL[Partial Subjects - Limited Personality]
    FULL --> S1[States - primary and original subjects]
    FULL --> S2[United Nations and major IOs - Reparations Case 1949]
    PARTIAL --> P1[Individuals - human rights law, war crimes, ICC]
    PARTIAL --> P2[NGOs and MNCs - limited recognition in investment treaties]
    PARTIAL --> P3[Insurgents and Belligerents - if recognised]
    PARTIAL --> P4[Holy See - Vatican - sui generis]
    PARTIAL --> P5[Mandated and Trust Territories]

States as Subjects — Characteristics

Sovereignty — supreme power internally, equality externally
Legal equality — Art 2(1) UN Charter: sovereign equality of all States
Rights: treaty-making, legation, sue in ICJ, self-defence
Duties: non-interference, settle disputes peacefully, respect human rights

International Organisations as Subjects

Reparations for Injuries Case (ICJ, 1949): UN has international legal personality — it can bring claims against States for injuries to its agents. “The subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights.”

Individuals as Subjects

Nuremberg Trials (1945): Individuals are directly responsible under IL for war crimes, crimes against humanity, genocide
ICC (Rome Statute, 1998): Prosecutes individuals — not States
Human rights treaties: Create direct rights for individuals against their own States