Subjects of International Law

The subject of international law is an entity with legal personality possessing

international rights and duties and endowed with the capacity to act.

Traditionally, states were considered the only subject of international law but
with the evolution of the international community and consequently the
development of international law especially since the creation of the United
Nations and the emergence of other international organizations. It became
clear that other entities became subjects of international law as demonstrated
as follows:

Internationals

Non-States
Entities

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 CHAPTER I
STATE
1. Definition:

A state is a community of persons living together permanently in definite

independent territory.

2. Elements of the state:

The state as a person of international law should satisfy the following

conditions:

a- a territory
b- a population
c- a government
d- the sovereignty
e- the recognition

a – Territory:

It must be determined and delimited with specific frontiers. But, absolute

certainty about state’s frontiers is not required because many states still have
long standing frontier disputes with their neighbours.

b – Population:

It is an aggregate of individuals living together as a community. It is

considered as the primary element.

c – Government:

The state exercises its sovereign power through its government, which is
considered as the highest authority but as an executive power but it is one
element of the state beside the legislative power and the judiciary power.

The relationship between the Legislature and Executive is defined by law and
it corresponds to the adopted form of government.
In a Parliamentary form of government, as in India and Britain, the
legislature and executive are closely related and the latter is collectively
responsible before the former.
In the Presidential form, as in the U.S.A., the legislature and executive are
two independent and separate organs with stable and fixed tenures, and the

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executive is not responsible to legislature. It is directly responsible to the
people.
Government is an essential element of State. However, it keeps on changing
after regular intervals. More, Government can be of any form—Monarchy or
Aristocracy or Dictatorship or Democracy. It can be either Parliamentary or
Presidential or both. It can be Unitary, Federal, or a mix of these two in its
organization and working. In contemporary times, every civilized State has a
democratic representative, responsible, transparent and accountable
government.

d- SOVEREIGNTY:
The fourth essential element of the state is sovereignty. The word sovereignty
means supreme and final legal authority above and beyond which no legal
power exists.
Sovereignty has two aspects:
- Internal sovereignty
- External sovereignty.
Sovereignty has two aspects internal and external. Internally viewed, the state
has supreme power over all individuals and associations within its fixed area.
It can compel obedience of its people to its laws and commands. Externally
viewed, the state is free from control of any foreign state or alien rule.

e – Recognition:

Some writers treat recognition as a fourth condition, which has to be satisfied

before a state exists for the purpose of international law. In most cases the
facts will be so clear that recognition will not make any difference, but in
borderline cases recognition can have a decisive effect. For instance,
recognition of very small states such as Monaco and Vatican City state is
important because otherwise is might be doubted whether the territory and
population of such states are large enough to make them states in the eyes of
international law. Similar consideration apply in the case of secessionary
struggles; outright victory for one side or the other will create a situation,
which international law cannot ignore, and no amount of recognition or non-
recognition will alter the legal position; but in borderline cases as Rhodesia,
where the mother-state’s efforts to reassert control are rather feeble,
recognition or non-recognition by other states may have a decisive effect on
the legal position.

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 CHAPTER II
INTERNATIONAL ORGANIZATIONS
1. Definition
The term International Organizations is usually used to describe an
organization set up by agreement between two or more states. It is different
from a “non-government organization” which is set up by individuals or a
group of individuals although some non-governmental organization are
entrusted with certain functions by states such as the international committee
of the red cross which plays an important role in supervising the application
of Geneva conventions on laws of war.

The world witnessed after the end of the World War II an evolution in the
field of international relations in which the United Nations and all its
affiliated international organization were established as well as the
establishment of international organization outside its scope.

2. The purpose of the international organization

The needs of the international organization include:

- Peace and security (U.N. Council of security)

- Trade (World trade organization)
- Finance (International monetary fund)
- Health (World Health Organization)
- Human Rights (Human Rights Council)
- Intellectual propriety (world intellectual propriety organization)
- Agriculture – food and agriculture organization of the U.N. “F.A.O.”
- Labour – International Labour Organization “I.L.O”
- Development – Organization of Economy and Development (O.E –
C.D)
- Telecommunication – International Telecommunication Union (I.T.U)
- Meteorology – world meteorological organization

And, some other needs.

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3- TYPES OF INTERNATIONAL ORGANIZATIONS:

There are many types of international organizations, but one way of

categorizing them is to distinguish between intergovernmental organizations
and supranational organizations.

An international organization is an organization with an international

membership, scope, or presence.

Two main types of International Organizations:

-3-1International non-governmental organizations (NGOs):

Non-governmental Organizations (NGOs) operate on an international scope.

They include international non-profit organizations and worldwide companies
such as the World Organization of the Scout Movement, International
Committee of the Red Cross and Médecins Sans Frontières.

3-2. Intergovernmental Organizations:

Also known as International Governmental Organizations (IGOs), this type

of organizations are closely associated with the term “international
organization”. These are organizations that are made up primarily of
sovereign states (referred to as member states). Notable examples include the
United Nations (UN), Organization for Security and Co-operation in Europe
(OSCE), Council of Europe (COE), International Labour Organization (ILO)
and International Police Organization (INTERPOL). The UN has used the
term "intergovernmental organization" instead of "international organization"
for clarity.

The first and oldest intergovernmental organization is the Central

Commission for Navigation on the Rhine, created in 1815 by the Congress of
Vienna.

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  UNITED NATIONS ORGANIZATION

The United Nations (UN) is an international organization created in 1945,

shortly after the end of World War II, to replace the League of Nations. The
UN was formed by 51 countries in order to encourage resolution of
international conflicts without resorting to created war and to agree on
policies on international issues.

Like most organizations, the UN was created in order to meet certain goals
and purposes.

The United Nations Headquarters resides are situated in the international

territory of New York City, with further main offices in Geneva, Nairobi, and
Vienna. The Organization is financed by assessed and voluntary contributions
of its member states, and has six official languages: Arabic, Chinese,
English, French, Russian, and Spanish.

Article I of the Charter of United Nations specifies the purposes of the UN.

UN Principles

1- It is based on the sovereign equality of all members

2- All members are to fulfil in good faith their Charter obligations
3- They have to settle their international disputes by peaceful means and
without endangering international peace, security and justice
4- Members are to refrain from the threat or use of force against any other
states.
5- They are compelled to give the UN every assistance in any action it
takes in accordance with the Charter
6- Nothing in the Charter is to authorize the UN to intervene in matters
which are essentially within the domestic jurisdiction of any state

Main purposes of the UN Charter:

1- To maintain international peace and security

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 2- To develop friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples
3- To help nations work together to improve the lives of poor people, to
strive against hunger, disease and illiteracy, and to encourage respect
for human rights and fundamental freedoms;
4- To be a center for harmonizing the actions of nations in attaining these
common goals.

The main organs of the Organization:

There are five (5) main organs in this organization:

1. the General Assembly (the main deliberative assembly);

2. the Security Council (for deciding certain resolutions in favor of peace
and security);
3. the Economic and Social Council ECOSOC (for assisting in promoting
international economic and social cooperation and development);
4. the Secretariat (for providing studies, information, and facilities needed
by the UN);
5. the International Court of Justice (the primary judicial organ);

 GENERAL ASSEMBLY:

The General Assembly is one of the six main Organs of the United Nations,
the only one where all Member States have equal representation: one nation,
one vote. All 193 Member States of the United Nations are represented in this
unique forum to discuss and work together on a wide array of international
issues covered by the UN Charter, such as development, peace and security,

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international law, etc. In September, all the Members meet in the General
Assembly Hall in New York for the annual General Assembly session.

Each year, in September, the full UN member meets in the General Assembly
Hall in New York for the annual General Assembly session, and general
debate, attended by many heads of state who deliver addresses on:

- Decisions on important questions, on peace and security, joining new

members and budgetary matters, which require a two-thirds majority
of the General Assembly.
- Decisions on other questions are by simple majority. 

Every year the General Assembly, each year, elects a GA President to serve a
one-year term of office.

 THE SECRETARIAT:

The Secretariat, one of the main organs of the UN, is organized along
departmental lines, with each department or office having a distinct area
of action and responsibility. Offices and departments coordinate with each
other to ensure cohesion as they carry out the day to day work of the
Organization in offices and duty stations around the world.   At the head of
the United Nations Secretariat is the Secretary-General.

The Secretariat comprises the Secretary-General and tens of thousands of

international UN staff members who carry out the day-to-day work of the UN
as mandated by the General Assembly and the Organization's other main
organs. 

The Secretary-General is the chief administrative officer of the Organization,

appointed by the General Assembly on the recommendation of the Security
Council for a five-year, renewable term.

UN staff members are recruited internationally and locally, and work in duty
stations and on peace keeping missions all around the world.  But serving the
cause of peace in a violent world is a serious matter. Since the founding of the
United Nations, hundreds of brave men and women have given their lives in
its service.

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 U.N. SECURITY COUNCIL

Is one of the six principal organs of the U.N. charged with the maintenance of
international peace and security as well as accepting new members of the
U.N. and approving any changes to its U.N. charter.

Its powers include the establishment of international sanctions and the

authorization of Milton factions through Security Council resolutions.

It is the only U.N. body with the authority to issue binding resolutions to
member states. It has held its first session in 17 January 1946.

The Security Council consists of 15 members. The great powers presented by

U.S.A, United Kingdom, France, Russia and China, Serve as the body’s five
permanent members.

 THE SECURITY COUNCIL

The Security Council has primary responsibility, under the UN Charter, for

the maintenance of international peace and security. 

It has 15 Members (5 permanent: China, France, Russia, UK and the United

States and 10 non-permanent members), each Member has one vote. A
resolution cannot be taken if there is a negative vote by a permanent member.
This is (known as the “veto”)

Under the Charter, all Member States are compelled to comply with Council
resolutions. The Security Council takes the lead in determining the existence
of a threat to peace or an act of aggression. It calls upon the parties to a
dispute to settle the case by peaceful means and recommends methods of
adjustment or terms of settlement.

In some cases, the Security Council can resort to imposing sanctions or even
authorize the use of force to maintain or restore international peace and
security.  The Security Council has:
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 - A Presidency, which rotates, and changes, every month.
- Daily program of work of the Security Council
- Subsidiary organs of the Security Council

 The Economic and Social Council (ECOSOC)

The Economic and Social Council is the main body for coordination, policy
review, policy dialogue and recommendations on economic, social and
environmental issues, as well as implementation of internationally agreed
development goals.

It serves as the central mechanism for activities of the UN system and its
specialized agencies in the economic, social and environmental fields,
supervising subsidiary and expert bodies. 

It has 54 Members, elected by the General Assembly for overlapping a three-

year terms. It is the United Nations’ central platform for reflection, debate,
and innovative thinking on sustainable development.

 The International Court of Justice (ICJ)

The International Court of Justice , the principal judicial organ of the United

Nations, acts as a world court. It may entertain two types of cases: legal
disputes between States submitted to it by those States (contentious
proceedings) and requests for advisory opinions on legal questions referred to
it by the United Nations organs, its specialized agencies or affiliated
organizations (advisory proceedings).

CONTENTIOUS PROCEEDINGS

In the exercise of its jurisdiction in contentious cases, the ICJ settles disputes
of a legal nature that are submitted to it by States in accordance with
international law. An international legal dispute can be defined as a
disagreement on a question of law or fact, a conflict, or a clash of legal views
or interests.

The procedure consists of two parts: written and oral. They are concluded by
the deliberation of the Court, after which a decision is issued in a public
sitting.

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Only States can be parties to contentious cases. Moreover, the Court can only
deal with a dispute when the States concerned have recognized its
jurisdiction.

The advisory procedure

The advisory procedure is open to only the United Nations organs, including
the General Assembly and the Security Council, as well as the 16 specialized
agencies of the United Nations family or related organizations. Advisory
proceedings begin with the filing of a written request for an advisory opinion
addressed to the Registrar by the United Nations Secretary-General or the
director or secretary-general of the entity requesting the opinion. A few days
after the request has been filed, the Court draws up a list of the States and
international organizations that are likely to be able to furnish information on
the legal question before the Court. Similar to contentious cases, advisory
proceedings of two parts: written and oral. They are concluded by the
deliberation of the Court, after which the Court issues its advisory opinion in
a public sitting.

Unlike the judgments rendered by the Court in contentious cases, the advisory
opinions it gives are not binding, but they do carry great legal weight and
moral authority.

The International Court of Justice is composed of 15 Judges (or Members)

elected to nine-year terms of office by the United Nations General Assembly
and the Security Council. In order to ensure a degree of continuity, one third
of the Court is elected every three years. Once elected, a Member of the Court
is a delegate neither of the government of his or her own country nor of that
of any other State. The Court may not include more than one national of the
same State. Judges are eligible for re-election.

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 THE AFRICAN UNION

The African Union (AU) is the most important regional intergovernmental

organization consisting of all 55 African states. It was founded in the South
African city of Durban in 2002, as the successor to the Organization of
African Unity (OAU).

PURPOSE OF THE AFRICAN UNION CREATION:

The AU is guided by its vision of “An Integrated, Prosperous and Peaceful

Africa, driven by its own citizens and representing a dynamic force in the
global arena.”

The Constitutive Act of the African Union and the Protocol on Amendments
to the Constitutive Act of the African Union lay out the aims of the AU,
which are:

-Achieve greater unity and solidarity between African countries and their the
people

-Defend the sovereignty, territorial integrity and independence of its Member

States;

-Accelerate the political and socio-economic integration of the continent;

-Promote and defend African common positions on issues of interest to the

continent and its peoples;

-Encourage international cooperation

-Promote peace, security, and stability on the continent;

-Promote democratic principles and institutions, popular participation and

good governance;

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-Promote and protect human and peoples’ rights in accordance with the
African Charter on Human and Peoples’ Rights and other relevant human
rights instruments;

-Establish the necessary conditions, which can enable the continent to play its
rightful role in the global economy and in international negotiations;

-Promote sustainable development at the economic, social and cultural levels

as well as the integration of African economies;

-Promote cooperation in all fields of human activity to raise the living

standards of African peoples;

-Coordinate and harmonize the policies between the existing and future
Regional Economic Communities for the gradual attainment of the objectives
of the Union;

-Advance the development of the continent by promoting research in all

fields, in particular in science and technology

-Work with relevant international partners in the eradication of preventable

diseases and the promotion of good health on the continent.

-Ensure the effective participation of women in decision-making, particularly

in the political, economic and socio-cultural areas;

-Develop and promote common policies on trade, defense and foreign

relations to ensure the defense of the Continent and the strengthening of its
negotiating positions;

-Invite and encourage the full participation of the African Diaspora as an

important part of our Continent, in the building of the African Union.

Organs of the AU:

The Assembly is composed of Heads of State and Government or their duly
accredited representatives;

-The Executive Council composed of Ministers or Authorities designated by

the Governments of Member States ;

-The Commission: is the key organ playing a central role in the day-to-day
management of the African Union. It represents the Union, defends its

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interests, elaborates draft common positions of the Union, and prepares
strategic plans and studies for the consideration of the Executive Council.

It also ensures the development, the promotion, the coordination and the
harmonization of programs and policies of the Union with the Regional
Economic Communities (RECs). It, also, ensures Gender mainstreaming in all
programs and activities of the Union.

Composed of a President, a Vice-President, eight (8) Commissioners and

staff, the African Union Commission is one of the most important organs of
the Union.

-Peace and Security Council (PSC);

-The Pan-African Parliament is composed of five (5) representatives from

each Member State having ratified the Constitution ;

-The Economic, Social and Cultural Council (ECOSOCC), an advisory organ

composed of different social and professional groups of the Member States of
the Union.

-The Financial Institutions (The African Central Bank, The African Monetary
Fund, The African Investment Bank) ;

-The Specialized Technical Committees، as The Committee on Rural

Economy and Agricultural Matters ;

-The Committee on Monetary and Financial Affairs ; The Committee on

Education, Culture and Human Resources, among others.

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 CHAPTER IV
THE INTERNATIONAL CRIMINAL COURT

Is an intergovernmental tribunal. It has jurisdiction to prosecute individuals

for international crimes genocide, crimes against humanity and war crimes.
The I.C.C is intended to complement existing national judicial systems and it
may therefore only exercise its jurisdiction when certain conditions are met
such as when national courts are unwillingly or unable to prosecute criminals
or when the U.N. Security Council or individual states refer to situations to
the court.

The I.C.C. began functioning in 1 st July 2002, when the Rome statute entered
into force.

The Rome statute is a multilateral treaty, which serves as the ICC’s

foundation and governing document states, which become parties to the Rome
Statute when ratifying it become member states of the ICC currently there are
123 states which are parties to the Rome Statute and therefore members of the
ICC.

The ICC has four principal organs:

- The Presidency;
- The Judicial Divisions
- The office of the prosecutor

- The Registry.

1) The President is the most senior judge chosen by his or her peer in the
justicial division, which hears cases before the Court.
2) The office of the Prosecutor is headed by the Prosecutor who investigates
before the Judicial Division.

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3) The Registry is headed by the Registrar and is charged with managing all
the administrative function of the ICC including the headquarters detention
unit and public defense office.
4) The office of the prosecutor has opened ten official investigations and also
is conducting eleven preliminary examinations. So far, there are 39
individuals who have been indicted in the ICC.

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