GURU GHASIDAS UNIVERSITY, BILASPUR

SCHOOL OF LAW

PROJECT ON

PUBLIC INTERNATIONAL LAW

“STATUS OF INDIVIDUAL IN INTERNATIONAL LAW”

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 CONTENTS

1. Introduction
2. Rights of individuals
 Human Rights
 Rights to make petitions
 Right to Conciliation and Arbitration Proceedings
3. Duties of individuals
 Offence of Piracy
 Offence of Espionage
 Aircraft Hijacking
 Crime of Genocide
 Violations of the rules of warfare
4. Conclusion
5. Bibliography

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INTRODUCTION
Individuals are regarded as the object of International Law, and as its object. Consequently,
they had no legal significance from the International Law point of view, as they were related
to one state through the bond of citizenship or nationality, and this stood in relation to other
state in the role of aliens. If an injury is cause to an individual, it was the state which alone
owed the responsibility under International Law to another state. Thus, there was no
responsibility if the injured individual was stateless, that is, if he had no nationality.
However, the above position of individual has considerably changed since the establishment
of the United Nations Organisations. The charter of the United Nations by using the words
‘People of United Nations’ in the preamble has given a place of importance to individuals.
However, this alone did not change the position of individuals in the domain of International
Law. Whether individuals have any place in International Law is a question which is
dependent upon another question, that is, whether they have been bestowed rights and duties
under International Law. In addition to them, individuals have also been conferred to certain
rights and duties in accordance with the rules of International Law. While many rules directly
concerned with regulating the positions and activities of individuals, many rules directly
affect them.

RIGHTS OF INDIVIDUALS
A number of rights have been given to individuals in International Law through the adoption
of international conventions which are as follows:-

1. Human Rights:
One of the principles of the United Nations is to promote and encourage respect for
human rights and fundamental freedoms for all. The Universal Declaration of Human
Rights was adopted by the General Assembly in 1948 which provides various to the
individuals. Later, two covenants: the International covenant on Civil and Political
Rights and the International covenant on Economic, Social and Cultural Rights, along
with the Optional Protocol to the covenant on civil and political rights were adopted
in 1966, wherein the contracting parties declared that they would provide different
rights as stipulated in the covenants to the individuals.
2. Right to make petitions:
The rise to human rights consciousness has given rise to the individuals a right to
make petitions before the international forums if their rights are violated. The
Optional protocol to the covenant on civil and political rights of 1966 provide for the
petitions by the individuals before the Human Rights Committee against its own state.
It is to be noted that the rights of individuals to make petitions before the international

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 forums are available only at the instance of the states. In the other words, an
individual cannot generally assert his own rights against a State unless a state has
become a party to the convention wherein the rights have been provided to the
individuals.
3. Right to Conciliation and Arbitration Proceedings:
The Convention for the Settlement of Investment Disputes between States and
Nationals of other States concluded on March 18, 1965 provided for the machinery of
conciliation and arbitration on a consensual basis so that private foreign investors
might have direct access thereto to settle legal disputes with investment-receiving
States.

DUTIES OF INDIVIDUALS
International Law has imposed direct responsibility upon individuals for the offences
committed by them. In customary international law piracy and slavery were the only
recognised offences where individuals could be given punishment, presently, they are
responsible for a number of crimes.

1. Offence of Piracy:
The offence of piracy has been traditionally regarded as a crime against International
Law. It is punishable by any state which seizes the offender. Every state has a right to
arrest, trial and punish the pirates, and the vessels involved in the act of piracy may be
seized.
2. Offence of Espionage:
Espionage is an act of soldier or other individual who under false pretence, seeks to
obtain information concerning a belligerent with the intention of communicating it to
the other belligerent. It has not protected those individual from punishment who are
engaged in procuring information. Individuals committing espionage and war treason
are considered war criminals and may be punished. The usual punishment for praying
is hanging or shooting, though less severe punishments are, of course, admissible and
are sometimes inflicted.
3. Aircraft Hijacking:
Individuals may be given punishment for the aircraft hijacking and for the unlawful
acts committed against the safety of civil aviation.
4. Crime of Genocide:
Genocide was regarded as a crime under International Law, for which the individuals
were punishable. The rule was made by the General Assembly in a resolution adopted
on December 11, 1946. Further, a convention on the Prevention and Punishment of
the Crime of Genocide, commonly known as Genocide Convention, was adopted by
General Assembly on December 9, 1948 which came into force on January 12, 1951.
The convention under Article 1 provides that the contracting parties confirm that

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 genocide, whether committed in time of peace or in time of war is a crime under
International Law, which they undertake to prevent and punish. The convention also
provided that those who are guilty of committing genocide must be punished whether
they are constitutionally responsible rulers, public officials or private individuals.
5. Violations of the rules of warfare:
Individual members of armed force of belligerent states are criminally liable for
violations of the rules of warfare, and may be given punishment by other belligerents.
In some cases, sanction is imposed upon individuals committing offences by the states
having custody of them by the exercise of domestic jurisdiction, and in a few cases by
the international procedure.

CONCLUSION
It is to be noted that individuals do possess rights and duties in International Law, and they
therefore have a legal significance. They are likely to acquire more rights and duties in future
in view of their enhanced importance given in various international documents. However,
their role would remain limited and their position would remain imperfect as long as they do
not have access before the International Court of Justice. Presently, the cases of the
individuals could be brought before the Court if they are sponsored by the states. However,
the creation of the International Court of Justice has improved the position of individuals in
the sense that it has been given jurisdiction to decide the most serious crimes committed by
the individuals. The term most serious crimes include the crime of genocide, the crime
against humanity, war crimes. However, individuals still do not have any right to move the
court in case their rights are violated.

BIBLIOGRAPHY
Referred books:

 International Law and Human Rights: Dr. H.O. Agarwal