S
Sahaj Vidhi
Law Optional 2023 Paper I solved

“Triumph of Positivism has reduced an individual to be an object of international law rather than a subject of international law.” Comment on the status of the individual under international law in the light of the above statement.

Verified Answer

  1. Core Legal Answer & Context: Traditionally, international law, heavily influenced by positivism, viewed states as the sole or primary subjects, relegating individuals to mere objects. This meant individuals had no direct rights or duties under international law, their status being mediated by their national state. However, this view has significantly evolved, especially post-World War II. The rise of human rights law and international criminal law has granted individuals direct rights (e.g., freedom from torture) and imposed direct duties (e.g., not to commit genocide), making them limited subjects of international law. They can now, in certain circumstances, directly invoke international law or be held accountable under it, bypassing state mediation.

  2. Relevant Statutes and Sections:

  • Universal Declaration of Human Rights (UDHR), 1948: Though not a treaty, it's foundational for individual rights.
  • International Covenant on Civil and Political Rights (ICCPR), 1966: Grants individuals direct rights and, via its Optional Protocol, allows individual complaints to the Human Rights Committee.
  • Rome Statute of the International Criminal Court (ICC), 1998: Establishes individual criminal responsibility for international crimes.
  1. Important Landmark Cases:
  • Nuremberg Trials (International Military Tribunal, 1945-46): Established individual criminal responsibility for war crimes, crimes against humanity, and crimes against peace, directly under international law.
  • LaGrand Case (ICJ, 2001): While primarily a state-to-state dispute, it affirmed that individuals possess rights under international conventions (e.g., consular notification under the Vienna Convention on Consular Relations).
  1. Clear Conclusion: While states remain the primary subjects, the positivist assertion that individuals are mere objects of international law is largely outdated. The development of human rights and international criminal law has undeniably elevated individuals to a status of limited, though increasingly significant, subjects, capable of holding rights and bearing responsibilities directly under international law.