Legal Definitions - Subjects of international law

The term Subjects of international law refers to the entities that possess rights and duties under international law. These entities are capable of bringing claims or being held accountable on the international stage. Traditionally, only sovereign states were considered the primary subjects of international law. However, modern international law has expanded this to include individuals, particularly in areas like human rights and international criminal law, and to a lesser extent, international organizations.

• Example 1: A State's Treaty Obligations

  Imagine two countries, Veridia and Aquitania, sign a treaty agreeing to protect a shared endangered species that migrates between their borders. The treaty outlines specific conservation measures each country must implement.

  This example illustrates how states are subjects of international law. Both Veridia and Aquitania, as sovereign nations, possess the legal capacity to enter into international agreements. By signing the treaty, they acquire rights (to expect compliance from the other state) and duties (to implement the agreed-upon conservation measures) directly under international law. If one country fails to uphold its obligations, the other could potentially invoke international legal mechanisms to address the breach.

• Example 2: An Individual's Accountability for War Crimes

  Consider a scenario where a military commander, General Radek, orders his troops to intentionally target civilians during an armed conflict, an act widely recognized as a war crime under international humanitarian law.

  This demonstrates how individuals can be subjects of international law. General Radek, despite being an individual and not a state, can be held personally accountable for committing war crimes before an international criminal tribunal, such as the International Criminal Court. This is because international law imposes direct duties on individuals to refrain from certain grave acts, and they can face international prosecution for violating these duties, rather than solely relying on their national legal systems.

• Example 3: An International Organization's Legal Capacity

  The World Health Organization (WHO), an international body, negotiates and signs an agreement with a pharmaceutical company to ensure equitable global distribution of a new vaccine during a pandemic.

  This shows that international organizations can also act as subjects of international law. The WHO, though created by states, possesses its own international legal personality. It can enter into contracts, sign agreements, and incur obligations under international law, distinct from its individual member states. In this case, the WHO has the legal capacity to negotiate and bind itself to an agreement concerning global health, demonstrating its role as an entity with rights and duties on the international stage.