The subject of

International Law
Presented by Tuba Ayub Khan
BS-IR 6TH
Subjects of International Law are individuals or
entities with international personality, initially
limited to States. Post-World War II, new actors
like intergovernmental organizations, NGOs,
multinationals, and natural persons emerged,
extending their capacity to become
international persons.
International law through the lens of IR
theories.
1. Realist theory.
2. Fictional theory.
3. Functional theory.
 Some jurists argue that only states are subjects
of international law, as it primarily regulates state
conduct.
 Oppenheim's perspective differs, suggesting that
while states are primarily subjects, they are not
exclusively so.
 Oppenheim acknowledges that entities beyond
states can possess rights, powers, and duties in
international law, granting them international
personality.
 International law recognizes that rules directly
regulate the position and activities of individuals,
and many more indirectly affect them.
 Therefore, it is incorrect to assert that individuals
are not subjects of international law.
The example where we can see how realism is applied in international law is that states
are only concerned about their national interests, and to protect those interests, they
are going to any extent to commit all the crimes, taking advantage of the absence of
central authority, which can hold them accountable for their violations.
1. Israel committing genocide in Gaza, Palestine.
Israel is committing war crimes against Gaza for decades now and no international or central authority
is there to hold him accountable for his violations since 1948.
2. Human rights abuses in Jammu and Kashmir.
The Indian Army, Central Reserve Police Force, Border Security personnel, and militant groups have
been accused of committing severe human rights abuses against Kashmiri civilians in India's disputed
territory of Jammu and Kashmir, resulting in mass killings, forced disappearances, torture, rape, sexual
abuse, suppression of freedom of speech, and bans on religious gatherings since 1990.
1. Professor Kelson argues for the primacy of individuals as subjects of international law.
States' duties and rights are seen as derived from the individuals who compose them.
2. While the ICJ statute traditionally limits parties to states, some international instruments
recognize the procedural capacity of individuals.
3. Modern treaties increasingly confer rights and impose duties directly upon individuals.
4. International law historically focused on states, but there's a growing recognition of
individuals' role and rights.
5. Some international instruments apply to individuals both directly and indirectly.
6. The tension between state sovereignty and individual rights remains a key debate in
international law.
1. International Human Rights Treaties:
Treaties such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil
and Political Rights (ICCPR) directly establish rights and protections for individuals. These rights include the
right to life, freedom from torture, freedom of speech, and the right to a fair trial, among others.

2. International Criminal Law:

The International Criminal Court (ICC) is an international tribunal responsible for prosecuting individuals for
serious crimes such as genocide ,war crimes, crimes against humanity, and aggression, ensuring
accountability and promoting international criminal law.

3. International Environmental Law:

The Montreal Protocol and the Paris Agreement are international treaties aimed at reducing the depletion of
the Ozone Layer and promoting climate change, thereby directly impacting individual behavior.
 An approach to the formation of international organizations that advocates
international cooperation on scientific, humanitarian, social, and economic issues.
This view not only combines the first and second view but goes a step ahead to
include international organizations and certain other non-state entities as subjects of
international law. This view appears to be more practical and is better than the other
two views.
1. In present times, several treaties have conferred upon individual certain rights and
duties, for example International Covenant on human rights.
2. Geneva Convention on Prisoners of War 1949, has conferred certain rights upon the
Prisoners of law.
3. The Genocide Convention 1948, has imposed certain duties upon the individuals.
4. It is now agreed that International organizations are also the subjects of international
law. United Nation is an international person under international law, and it is held by
International Court of Justice that United Nation is a subject of international law and
capable of possessing rights and duties and it has capacity to maintain its right by
bringing International things.
5. The law-making treaties in respect of international criminal law, have imposed certain
obligations upon the individuals, for example narcotic drugs convention, 1961.