Lecture 8 - International Legal Personality

Question 1

In every legal system, certain entities are considered as possessing “rights” and “duties” enforceable at law
Eg: an individual may prosecute or may be prosecuted for assault.
A company can sue for breach of a contract
Law recognizes these actors as “legal persons” - capacity to have and maintain certain rights + capacity to perform specific duties.
In domestic law, individuals, companies, institutions, associations, foundations - each possesses distinct legal ______

Answer 1

In every legal system, certain entities are considered as possessing “rights” and “duties” enforceable at law
Eg: an individual may prosecute or may be prosecuted for assault.
A company can sue for breach of a contract
Law recognizes these actors as “legal persons” - capacity to have and maintain certain rights + capacity to perform specific duties.
In domestic law, individuals, companies, institutions, associations, foundations - each possesses distinct legal personality

Question 2

International Legal Personality is participation plus some community acceptance.
There are different criteria in determining subjects/persons of international law:
1- Capacity to enjoy ____ deriving from int law (customary rules) - both individuals, states, int org.
2- Capacity to make legal ________ at int law level -treaties, states & int org.
3- Capacity to invoke ________ of others at international level - both individuals, states, int org.
4- Capacity to be held _____ (responsible) for its acts at international level - both individuals (int criminal responsibility), states, int org.
5- Capacity to ask diplomatic ______ for its representatives - both states and int org.

Answer 2

International Legal Personality is participation plus some community acceptance.
There are different criteria in determining subjects/persons of international law:
1- Capacity to enjoy rights deriving from int law (customary rules) - both individuals, states, int org.
2- Capacity to make legal transactions at int law level -treaties, states & int org.
3- Capacity to invoke responsibility of others at international level - both individuals, states, int org.
4- Capacity to be held liable (responsible) for its acts at international level - both individuals (int criminal responsibility), states, int org.
5- Capacity to ask diplomatic immunities for its representatives - both states and int org.

Question 3

The definition of International Legal Personality:
The possession of international rights and duties as well as the procedural ______ to seek ______ for alleged violations and be held accountable for non-fulfillment of duties.

Answer 3

The definition of International Legal Personality:
The possession of international rights and duties as well as the procedural capacity to seek redress for alleged violations and be held accountable for non-fulfillment of duties.

Question 4

States and int org. have int legal personality while individuals have _______ international legal personality (passive/subjects) - passive in the sense of determining rules of int law.
In a broader sense international legal personality refers to the rights and duties held be entities under international law.
A fundamental debate within international law is from the source from which non-state entities hold substantive rights and duties, including the legal capacity to assert same.

Answer 4

States and int org. have int legal personality while individuals have limited international legal personality (passive/subjects) - passive in the sense of determining rules of int law.
In a broader sense international legal personality refers to the rights and duties held be entities under international law.
A fundamental debate within international law is from the source from which non-state entities hold substantive rights and duties, including the legal capacity to assert same.

Question 5

There are 3 Approaches to International Legal Personality:

• The Legal ______ Approach;
• The Factualist ____ Approach; and
• The Dynamic _____ Approach.

Answer 5

There are 3 Approaches to International Legal Personality:

• The Legal Traditionalist Approach;
• The Factualist Realist Approach; and
• The Dynamic State Approach.

Question 6

The ______________ Approach:

Tends to approach international legal personality for new, international, non-state, political, identities from the position that sovereign states have primacy over all other entities as actors.
Why? Because States are the ultimate source of rights, duties, privileges and immunities under traditional international law as “the repositories of legitimated authority over peoples and territories“.
International legal personality is derived from States to non-state actors through a legal instrument, general principle of law, or rule of customary international law.
In the absence of such a transfer, non-state entities or actors do not have any legal standing or capacity. To do otherwise would be to bind States without their consent.

Answer 6

The Legal Traditionalist Approach:

Tends to approach international legal personality for new, international, non-state, political, identities from the position that sovereign states have primacy over all other entities as actors.
Why? Because States are the ultimate source of rights, duties, privileges and immunities under traditional international law as “the repositories of legitimated authority over peoples and territories“.
International legal personality is derived from States to non-state actors through a legal instrument, general principle of law, or rule of customary international law.
In the absence of such a transfer, non-state entities or actors do not have any legal standing or capacity. To do otherwise would be to bind States without their consent.

Question 7

The _____________ Approach:

Asserts, as a matter of fact, that the state is irretrievably in decline and that new non-state entities are increasing in number and influence in international relations. Those facts, in turn, require complementary and fundamental changes in the legal source of international legal personality under international law.
Proposes two alternative structures to the status quo.
-First, a monistic international global entity like a unitary global super state.
-Second, a non-territorially based more fluid global system in which states are dominated by a world wide web of international organizations, public and private interest groups, corporations, and subnational governments operating through interconnected economic, financial, and political relationships.

Answer 7

The Factual Realist Approach:

Asserts, as a matter of fact, that the state is irretrievably in decline and that new non-state entities are increasing in number and influence in international relations. Those facts, in turn, require complementary and fundamental changes in the legal source of international legal personality under international law.
Proposes two alternative structures to the status quo.
-First, a monistic international global entity like a unitary global super state.
-Second, a non-territorially based more fluid global system in which states are dominated by a world wide web of international organizations, public and private interest groups, corporations, and subnational governments operating through interconnected economic, financial, and political relationships.

• Points to the increasing movement mad mobility of humans, the growing acceptance of dual or multiple nationalities and the emergency of non-territorial international markets (i.e. the Internet).
• Argues that populations rely less on the state and more on non-state entities to represent their interests such as NGOs, corporations (national and multinational), subnational governments, joint ventures, and other international political identities.
• Threshold for legal capacity and standing is the ability to influence and shape the content and application of international law as demonstrated factually.
• Doesn’t rely on the permission of States.
• Critics argue that changes in factual circumstances cannot by themselves justify the creation of a whole new concept of international legal personality.

Question 8

The ____________ Approach:

• A middle ground between the traditionalist and realist views.
• Suggests that they assume a static, rigid body of international law. The theories clash in whether that should be preserved or ignored.
• Dynamic State Theorists propose a more fluid and accommodating relationship between international law and international facts. The State is a dynamic and resilient entity that is increasingly responsible to changes in the political landscape [see, the creation of 29 new states in the immediate wake of the dissolution of the Soviet Union].
• Argues that States have responded satisfactorily to changes in international facts through:
• a move away from absolutist notions of state sovereignty to onwhich accepts popular sovereignty;
• directly and impliedly conferring on a growing number of international and regional organizations and agencies the competence necessary to address an impressive array of international problems including peace-keeping, health, food, global finances, global and regional environments, human rights, and energy.
• The facilitation of new international political identities in international law fora (non-voting participation or observer status).
• Insists, however, that new international political identities to claim international legal personality must be able to point to some international law treaty, custom, or general principle of law.
• To do otherwise would remove the State as the ultimate source of international legal personality.

Answer 8

The Dynamic State Approach:

• A middle ground between the traditionalist and realist views.
• Suggests that they assume a static, rigid body of international law. The theories clash in whether that should be preserved or ignored.
• Dynamic State Theorists propose a more fluid and accommodating relationship between international law and international facts. The State is a dynamic and resilient entity that is increasingly responsible to changes in the political landscape [see, the creation of 29 new states in the immediate wake of the dissolution of the Soviet Union].
• Argues that States have responded satisfactorily to changes in international facts through:
• a move away from absolutist notions of state sovereignty to onwhich accepts popular sovereignty;
• directly and impliedly conferring on a growing number of international and regional organizations and agencies the competence necessary to address an impressive array of international problems including peace-keeping, health, food, global finances, global and regional environments, human rights, and energy.
• The facilitation of new international political identities in international law fora (non-voting participation or observer status).
• Insists, however, that new international political identities to claim international legal personality must be able to point to some international law treaty, custom, or general principle of law.
• To do otherwise would remove the State as the ultimate source of international legal personality.

Question 9

Subjects of International Law:

Person/entity capable of possessing international rights and duties, and having ______ to maintain its rights by bringing international claims.

Answer 9

Subjects of International Law:

Person/entity capable of possessing international rights and duties, and having capacity to maintain its rights by bringing international claims.

Question 10

Capacity to Bring International Claims:

Reparations for Injuries Suffered in the Service of the United Nations (1949)

Facts of the case:
- Swedish diplomat Folke Bernadotte
- Mediator in the Arab-Israeli conflict of 1947-1948
- Assassinated in _______ in 1948 by terrorists
Question to be answered by the court: ‘In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the ______ or to persons entitled through him?’

Answer 10

Capacity to Bring International Claims:

Reparations for Injuries Suffered in the Service of the United Nations (1949)

Facts of the case:
- Swedish diplomat Folke Bernadotte
- Mediator in the Arab-Israeli conflict of 1947-1948
- Assassinated in Jerusalem in 1948 by terrorists
Question to be answered by the court: ‘In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the victim or to persons entitled through him?’

Question 11

Montevideo Convention:

State is a legally defined entity. Modern international law sets out four basic criteria for a state:

1. A permanent ____
2. A defined _____
3. A government
4. A _____ to enter into ____ with other states

Answer 11

Montevideo Convention:

State is a legally defined entity. Modern international law sets out four basic criteria for a state:

1. A permanent population
2. A defined territory
3. A government
4. A capacity to enter into relations with other states

Question 12

Reparations for Injuries Suffered in the Service of the United Nations (1949) ICJ:
“Competence to bring an international claim is… the capacity to resort to the ________ methods recognised by international for the establishment, the preservation and the settlement _____.”

Answer 12

Reparations for Injuries Suffered in the Service of the United Nations (1949) ICJ:
“Competence to bring an international claim is… the capacity to resort to the customary methods recognised by international for the establishment, the preservation and the settlement claims.”

Question 13

Capacity to Enter into Legal Relations with other subjects of International Law -
Partial Capacity: subjects who, to the extent and limitations of their capability, are depending on themselves when they enter into legal relations under international law.
Particular Capacity: subjects of international law which only enjoy the capacity to enter into legal relations with legal to certain other subjects of _________ law.

Answer 13

Capacity to Enter into Legal Relations with other subjects of International Law -
Partial Capacity: subjects who, to the extent and limitations of their capability, are depending on themselves when they enter into legal relations under international law.
Particular Capacity: subjects of international law which only enjoy the capacity to enter into legal relations with legal to certain other subjects of international law.

Question 14

Definition of International Organisation -

“A collectivity of states established by treaty, with a constitution and common organs, having a personality distinct from that of its member-states and being a subject of international law with ____-making capacity”

“An entity which has been set up by means of a treaty concluded by states to engage in co-operation in a particular field and which has its own organs that are responsible for engaging in independent activities”

Answer 14

Definition of International Organisation -

“A collectivity of states established by treaty, with a constitution and common organs, having a personality distinct from that of its member-states and being a subject of international law with treaty-making capacity”

“An entity which has been set up by means of a treaty concluded by states to engage in co-operation in a particular field and which has its own organs that are responsible for engaging in independent activities”

Question 15

Reparations for Injuries Suffered in the Service of the United Nations (1949).

A series of tragic incidents directed against United Nations personnel in Palestine that culminated in the assassination, on 17 September 1948, of Count Folke Bernadotte of Sweden, the UN mediator in the Palestine conflict, and of Colonel André Sérot, a French UN observer.
These murders were attributed to a group of Israeli extremists—the ____ Group—whose members had so far failed to be arrested and prosecuted by the Israeli authorities
At the request of the UN Secretary-General, the UN General Assembly addressed several legal questions to the ICJ in order to assert the capacity of the organization to bring claims for reparations due in respect of damages caused to itself and to its agents, and to elucidate the conditions governing the presentation of such claims, be they directed against a Member or a non-Member State [1948].
The assassination took place after Israel declared independence on 14 May 1948 but before it was admitted to the UN on 11 May 1949. The advisory opinion was delivered on 11 April 1949.

“…the Organisation is an international person. That is not the same thing as saying that it is a State…or that its legal personality and rights and duties are the same as those of a State… It is a subject of international law and capable of possessing international rights and duties, and it has capacity to maintain its rights by bringing international claims.”

Answer 15

Reparations for Injuries Suffered in the Service of the United Nations (1949).

A series of tragic incidents directed against United Nations personnel in Palestine that culminated in the assassination, on 17 September 1948, of Count Folke Bernadotte of Sweden, the UN mediator in the Palestine conflict, and of Colonel André Sérot, a French UN observer.
These murders were attributed to a group of Israeli extremists—the Stern Group—whose members had so far failed to be arrested and prosecuted by the Israeli authorities
At the request of the UN Secretary-General, the UN General Assembly addressed several legal questions to the ICJ in order to assert the capacity of the organization to bring claims for reparations due in respect of damages caused to itself and to its agents, and to elucidate the conditions governing the presentation of such claims, be they directed against a Member or a non-Member State [1948].
The assassination took place after Israel declared independence on 14 May 1948 but before it was admitted to the UN on 11 May 1949. The advisory opinion was delivered on 11 April 1949.

“…the Organisation is an international person. That is not the same thing as saying that it is a State…or that its legal personality and rights and duties are the same as those of a State… It is a subject of international law and capable of possessing international rights and duties, and it has capacity to maintain its rights by bringing international claims.”

Question 16

International organizations: “Functional legal personality”
International org. enjoy international rights and duties appropriate for their functions.
They are not sovereign - “delegated/transferred powers”. The rest stays with member states (“residual powers”).
Powers expressly delegated and powers necessary for the accomplishment of their ___.

International Organisations have a permanent association of ______, pursue objectives compatible with ___________, equipped with their own organs, possess the ability to create and realise its own will different from its member states in terms of legal powers, goals and purposes, etc. (“autonomy of the International Organisation”). The IO also has the capacity to exercise legal powers at the ________level.

Answer 16

International organizations: “Functional legal personality”
International org. enjoy international rights and duties appropriate for their functions.
They are not sovereign - “delegated/transferred powers”. The rest stays with member states (“residual powers”).
Powers expressly delegated and powers necessary for the accomplishment of their aims.
International Organisations have a permanent association of States, pursue objectives compatible with Public International Law, equipped with their own organs, possess the ability to create and realise its own will different from its member states in terms of legal powers, goals and purposes, etc. (“autonomy of the International Organisation”). The IO also has the capacity to exercise legal powers at the international level.

Question 17

Legal Personality Conferred by Constituting Treat -

Art. 16 (a), Agreement Establishing the Terms of Reference of the International Jute Study Group, 2001:

“The Group shall have international legal personality. In the territory of each member, and subject to its national legislation, the Group shall, in particular, but subject to paragraph 7(b) above, have the capacity to enter into ___, to acquire and to dispose of movable and immovable property, and to institute legal ______”

Answer 17

Legal Personality Conferred by Constituting Treat -

Art. 16 (a), Agreement Establishing the Terms of Reference of the International Jute Study Group, 2001:

“The Group shall have international legal personality. In the territory of each member, and subject to its national legislation, the Group shall, in particular, but subject to paragraph 7(b) above, have the capacity to enter into contracts, to acquire and to dispose of movable and immovable property, and to institute legal proceedings”

Question 18

IGO (Intergovernmental Organisation) - established by ______, is a legal entity with international legal status, can enter into _____, probably has a legislative body (of government representatives), may have a dispute resolution body, and may have an executive body (secretariat).

IGOs play a role in creating international law by facilitating and participating in treaty-making, and producing soft law via non-treaty obligations from resolutions, declarations, etc.

NGO (Non-Governmental Organisation) - no international legal status, non-governmental representatives, may serve consultative role to IGOs, and some are very influential.

NGOs are set up by individuals or groups, and governed by the law of the country where the NGO is ___________
Ex.: Amnesty International, Greenpeace
States are usually not parties of NGOs

Answer 18

IGO (Intergovernmental Organisation) - established by treaty, is a legal entity with international legal status, can enter into treaties, probably has a legislative body (of government representatives), may have a dispute resolution body, and may have an executive body (secretariat).

IGOs play a role in creating international law by facilitating and participating in treaty-making, and producing soft law via non-treaty obligations from resolutions, declarations, etc.

NGO (Non-Governmental Organisation) - no international legal status, non-governmental representatives, may serve consultative role to IGOs, and some are very influential.

NGOs are set up by individuals or groups, and governed by the law of the country where the NGO is incorporated
Ex.: Amnesty International, Greenpeace
States are usually not parties of NGOs

Question 19

Principle Organs of the United Nations:

• The _______Court of Justice
• ______Council
• General _____
• Economic and Social Council
• Trusteeship Council
• Secretariat

Answer 19

Principle Organs of the United Nations:

• The International Court of Justice
• Security Council
• General Assembly
• Economic and Social Council
• Trusteeship Council
• Secretariat

Question 20

Transnational Corporations:

Since the decision of the World Trade Organization (WTO) Appellate Body in the ___________case, corporations can participate in dispute settlement proceedings under Art. 13 of the WTO Dispute Settlement Understanding and Annex VI Art. 20 Sec. 2 of the International Convention on the Law of the Sea (LOSC) envisages a legal status for corporations involved in deep sea mining.
For the time being, though, TNCs neither have the status nor the obligations under international law which would be adequate given their factual economic power.
Contractual relations between a State and a TNC can be subject to international rules: ______v. Libya

Answer 20

Transnational Corporations:

Since the decision of the World Trade Organization (WTO) Appellate Body in the Shrimp Turtle case, corporations can participate in dispute settlement proceedings under Art. 13 of the WTO Dispute Settlement Understanding and Annex VI Art. 20 Sec. 2 of the International Convention on the Law of the Sea (LOSC) envisages a legal status for corporations involved in deep sea mining.
For the time being, though, TNCs neither have the status nor the obligations under international law which would be adequate given their factual economic power.
Contractual relations between a State and a TNC can be subject to international rules: Texaco v. Libya
Today’s TNCs can enjoy many freedoms due to their economic power but they also enjoy the sheltering walls of their home states if they feel compelled to do so, thus often avoiding responsibility for their actions abroad.

Question 21

Insurgents:

Traditionally, insurgents were considered to have international rights and obligations with regard to those states that recognized them as having such a status.
According to Antonio Cassese, to be eligible for such recognition insurgents need only satisfy minimal conditions:
1) Rebels should prove that they have effective ______over some part of the territory, and
2) Civil commotion should reach a certain degree of intensity and _______ (it may not simply consist of riots or sporadic and short-lived acts of violence).

It is for states (both that against which the civil strife breaks out and other parties) to appraise – by granting or withholding, if only implicitly, recognition of insurgency –whether these requirements have been fulfilled. Today, international law imposes obligations on certain parties to an internal armed conflict irrespective of any recognition granted by the state they are fighting against or by any third state.

Answer 21

Insurgents:

Traditionally, insurgents were considered to have international rights and obligations with regard to those states that recognized them as having such a status.
According to Antonio Cassese, to be eligible for such recognition insurgents need only satisfy minimal conditions:
1) Rebels should prove that they have effective control over some part of the territory, and
2) Civil commotion should reach a certain degree of intensity and duration (it may not simply consist of riots or sporadic and short-lived acts of violence).

It is for states (both that against which the civil strife breaks out and other parties) to appraise – by granting or withholding, if only implicitly, recognition of insurgency –whether these requirements have been fulfilled. Today, international law imposes obligations on certain parties to an internal armed conflict irrespective of any recognition granted by the state they are fighting against or by any third state.

Question 22

National Liberation Movements:

• One difference between such groups and the recognized belligerents and insurgents discussed above is that such NLMs may be able to claim rights, and will be subject to international _______, even in the absence of control of territory or express recognition by its adversary.
• NB: No government faced with a liberation movement accepts that it is colonial, racist or in alien occupation
• Article 1(4) of the 1977 Protocol I to the ______ Conventions classifies three types of war of national liberation as international armed conflict, so that all the rules applicable to those conflicts apply.
• It covers ‘‘armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right to self-determination’’.
• Under Article 96(3) of Protocol I, the authority representing the people struggling against the colonial, alien, or racist party to the Protocol can undertake to apply the Conventions and the Protocol by making a declaration to the depository (the Swiss Federal Council).
• The category of national liberation movements highlights the fact that non-state actors can become bound by international law pursuant to the terms of international humanitarian law treaties.

Answer 22

National Liberation Movements:

• One difference between such groups and the recognized belligerents and insurgents discussed above is that such NLMs may be able to claim rights, and will be subject to international obligations, even in the absence of control of territory or express recognition by its adversary.
• NB: No government faced with a liberation movement accepts that it is colonial, racist or in alien occupation
• Article 1(4) of the 1977 Protocol I to the Geneva Conventions classifies three types of war of national liberation as international armed conflict, so that all the rules applicable to those conflicts apply.
• It covers ‘‘armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right to self-determination’’.
• Under Article 96(3) of Protocol I, the authority representing the people struggling against the colonial, alien, or racist party to the Protocol can undertake to apply the Conventions and the Protocol by making a declaration to the depository (the Swiss Federal Council).
• The category of national liberation movements highlights the fact that non-state actors can become bound by international law pursuant to the terms of international humanitarian law treaties.

Question 23

Where there is no recognition of insurgency or belligerency, and the group in question is not a national liberation movement that has successfully triggered the application of the rules of international armed conflict, one is left with an internal armed conflict involving rebels or what are sometimes termed ‘‘armed opposition groups’’.
The humanitarian law which applies during internal armed conflict gives rise to certain _____ for these rebels. The minimum protection offered by Common Article 3 to the four Geneva Conventions of 1949 contains obligations for ‘‘each Party to the conflict’’.
These obligations are to ‘‘Persons taking no active part in the hostilities’’ as well as to the ‘‘wounded and sick’’. The actual prohibitions include ____, violence to the person, cruel treatment, the taking of _____, ______and degrading treatment, and sentences or executions without ______safeguards. Lastly, the Article includes a positive obligation to collect and care for the ___ and _______.

Answer 23

Where there is no recognition of insurgency or belligerency, and the group in question is not a national liberation movement that has successfully triggered the application of the rules of international armed conflict, one is left with an internal armed conflict involving rebels or what are sometimes termed ‘‘armed opposition groups’’.
The humanitarian law which applies during internal armed conflict gives rise to certain duties for these rebels. The minimum protection offered by Common Article 3 to the four Geneva Conventions of 1949 contains obligations for ‘‘each Party to the conflict’’.
These obligations are to ‘‘Persons taking no active part in the hostilities’’ as well as to the ‘‘wounded and sick’’. The actual prohibitions include murder, violence to the person, cruel treatment, the taking of hostages, humiliating and degrading treatment, and sentences or executions without judicial safeguards. Lastly, the Article includes a positive obligation to collect and care for the sick and wounded.

Question 24

Private Military Companies - Modern Mercenaries?
The modern international definition of a mercenary is problematic and operates in international humanitarian law simply to deprive captured individuals of any right to claim prisoner-of-war status in an international armed conflict.
A label of disapproval more so than a legal distinction in general Public International Law terms.
Prosecutions for the crime of mercenarism as defined in the Convention for the Elimination of Mercenarism in Africa treaty or other treaties are rare, even if some quite well-known trials of ‘‘mercenaries’’ have taken place based on violations of national law.
See: Prosecution of Mark ______ in South Africa for hiring mercenaries to effect a coup in Equatorial Guinea.

Answer 24

Private Military Companies - Modern Mercenaries?
The modern international definition of a mercenary is problematic and operates in international humanitarian law simply to deprive captured individuals of any right to claim prisoner-of-war status in an international armed conflict.
A label of disapproval more so than a legal distinction in general Public International Law terms.
Prosecutions for the crime of mercenarism as defined in the Convention for the Elimination of Mercenarism in Africa treaty or other treaties are rare, even if some quite well-known trials of ‘‘mercenaries’’ have taken place based on violations of national law.
See: Prosecution of Mark Thatcher in South Africa for hiring mercenaries to effect a coup in Equatorial Guinea.

Are Private Military Companies State Responsibility? Triggered where the company is either empowered by law to exercise elements of governmental authority or where the company is acting on the instruction of, or under the direction or control of a state.

Question 25

Individuals in Public International Law:

During the 20th Century, individuals became more visible in international law.
Individuals became the central focus of human rights law. Individual criminal responsibility for grave violations & crimes against humanity (even before National Courts as per Pinochet (No.3).
Individuals get access to ____and can directly claim their ____.

Individuals have the capacity to be held liable at international level and the capacity to invoke international responsibility of others.

During 20th Century, individuals became more visible in international law.
Individuals can no longer hide behind the _____ apparatus: 1946 Nuremberg Tribunal: “crimes against international law are committed by men, not by abstract entities, and only by punishing _____who commit such crime can the provisions of international law be _____”

Answer 25

Individuals in Public International Law:

During the 20th Century, individuals became more visible in international law.
Individuals became the central focus of human rights law. Individual criminal responsibility for grave violations & crimes against humanity (even before National Courts as per Pinochet (No.3).
Individuals get access to courts and can directly claim their rights.

Individuals have the capacity to be held liable at int level (International criminal responisibility of individuals):
Piracy - High sea; War crimes & crimes against peace & crimes against humanity; 1945 Nurenberg Court + Tokyo Court; 2002 ICC - through int convention; 1993 Former Yogoslavia + 1994 Rwanda + 2002 Sierra Leone - through UN Security Council Resolutions; Targeted Sanctions through the UNSC.
Individuals have the capacity to invoke int responsibility of others: Human rights courts (ECtHR);
Human rights commissions (ECHR); International Covenant on Civil and Pol Rights (Optional Protocol).

During 20th Century, individuals became more visible in international law.
Individuals can no longer hide behind the state apparatus: 1946 Nuremberg Tribunal: “crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crime can the provisions of international law be enforced”

Question 26

Procedural Capacity of Individuals:
Individuals have limited procedural capacity and enjoy only that capacity given to them by _____.
Although Westphalian Public International Law includes rules concerning the conduct of states vis-à-vis individuals, the latter were at best beneficiaries of the rights of their home state against an other rather than holders of rights in their own right and they required state diplomatic protection of their interests by their home because they were unable to claim these rights themselves.

Individuals have Duties:
1948 Convention on the Prevention and Punishment of the Crime of Genocide: “persons committing genocide or any of the other acts enumerated in Article III shall be punished whether they are constitutionally responsible rulers, public officials or private __________”

Answer 26

Procedural Capacity of Individuals:
Individuals have limited procedural capacity and enjoy only that capacity given to them by states.
Although Westphalian Public International Law includes rules concerning the conduct of states vis-à-vis individuals, the latter were at best beneficiaries of the rights of their home state against an other rather than holders of rights in their own right and they required state diplomatic protection of their interests by their home because they were unable to claim these rights themselves.

Individuals have Duties:
1948 Convention on the Prevention and Punishment of the Crime of Genocide: “persons committing genocide or any of the other acts enumerated in Article III shall be punished whether they are constitutionally responsible rulers, public officials or private individuals”