Individuals in International Law

The individual has a significant role in international law, which traditionally focused primarily on the rights and obligations of sovereign states. Over time, the recognition and protection of individual rights and responsibilities within the international legal framework have gained increasing importance.

Human rights: International human rights law is a crucial branch of international law that places the individual at its core. It encompasses a broad range of rights and freedoms that are inherent to all individuals, regardless of their nationality or any other status. Key human rights instruments, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), outline the fundamental rights to which individuals are entitled.

Treaty-based protections: International human rights treaties create legally binding obligations on states to respect, protect, and fulfil the rights of individuals. These treaties establish mechanisms for monitoring state compliance, including reporting requirements and oversight by treaty bodies. Individuals can often submit complaints or petitions to international or regional human rights bodies, seeking redress for violations of their rights.

Customary international law: Customary international law, which emerges from state practice and opinio juris, also protects certain rights of individuals. Widespread and consistent state practice, along with a belief that such practices are legally required, can create customary norms that bind all states. For example, the prohibition against torture and genocide are considered customary norms, regardless of treaty ratification.

International criminal law: International criminal law establishes individual criminal responsibility for the most serious crimes of concern to the international community as a whole. These crimes include genocide, war crimes, crimes against humanity, and aggression. International tribunals, such as the International Criminal Court (ICC) and ad hoc tribunals, have been established to prosecute individuals responsible for such crimes.

Refugees and displaced persons: International law recognises the rights and protection of refugees and displaced persons who are forced to flee their countries due to persecution, conflict, or other circumstances. The 1951 Convention relating to the Status of Refugees and its 1967 Protocol establish legal standards for the treatment and rights of refugees, ensuring that individuals are not returned to situations where their lives or freedoms may be at risk.

Individual responsibility and accountability: International law also recognises individual responsibility for certain actions, such as war crimes and crimes against humanity. This principle of individual criminal accountability ensures that individuals who commit serious international crimes can be held personally responsible and brought to justice.

International humanitarian law: International humanitarian law, also known as the law of armed conflict, sets out rules to protect individuals during armed conflicts. It aims to limit the suffering caused by warfare, prohibit certain tactics and weapons, and establish safeguards for non-combatants, prisoners of war, and other vulnerable groups.

While the primary subjects of international law remain states, the recognition of individual rights and responsibilities has expanded the scope of international legal protection. It reflects the growing understanding that individuals are the ultimate beneficiaries and bearers of rights within the international community.