Status of Individuals in International Law

The increasing recognition of the status of individuals in international law has been accompanied by a corresponding growth in international human rights obligations and the notion of responsibility for human rights abuses. This development signifies a shift in the international legal framework, recognising that individuals are not only subjects of rights but also hold certain rights and protections under international law.

Universal Declaration of Human Rights: The Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, marked a significant milestone in the recognition of fundamental human rights. It established a comprehensive set of rights and freedoms that apply to all individuals, regardless of their nationality, and formed the basis for subsequent human rights instruments.

International human rights treaties: The international community has developed numerous human rights treaties that codify specific rights and obligations. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These treaties impose obligations on states to respect, protect, and fulfil the rights of individuals within their jurisdiction.

Individual petitions and human rights bodies: International human rights mechanisms, such as regional human rights courts and treaty monitoring bodies, provide avenues for individuals to seek redress for human rights violations. These mechanisms allow individuals to submit complaints or petitions alleging violations of their rights and hold states accountable for their actions.

Responsibility of states: States bear the primary responsibility for upholding human rights and preventing human rights abuses within their territories. They are obliged to respect and protect the human rights of individuals, including taking necessary measures to prevent, investigate, and punish human rights violations.

Individual criminal responsibility: International criminal law has developed to hold individuals accountable for the most serious human rights abuses, including genocide, war crimes, crimes against humanity, and aggression. International tribunals, such as the International Criminal Court (ICC), have been established to prosecute individuals responsible for such crimes.

Corporate responsibility: The concept of corporate responsibility for human rights abuses has gained recognition in recent years. States and international bodies have emphasised the importance of holding corporations accountable for their actions that may infringe upon human rights, particularly in cases involving labor rights, environmental degradation, or complicity in human rights violations.

International human rights norms: The rise of human rights obligations has led to the development of international human rights norms that guide state conduct. These norms, such as the principles of non-discrimination, equality, and the prohibition of torture, provide a framework for assessing state actions and policies in relation to human rights.

The rise of individuals' status in international law has been accompanied by an increased recognition of their inherent human rights and the corresponding responsibility of states and other actors to respect and protect those rights. This evolving legal landscape reflects the international community's commitment to promoting human dignity, justice, and accountability for human rights abuses.