How for the individual can be said the subject of International Law.?
Ans.
There are different schools of thoughts for the classification of subjects of Int.Law
1. According to one school called Soviet Only States are the subjects of international law.
International law regulates behavior of states.
IL has been originated through mutual relations of states
It is quite significant in its name and from practices.
2. Only individuals are subjects of international law
At the root of all laws there is a man.
State is noting without individuals
3. States, Individuals and some organizations are the subjects of IL.
In recent times several treaties have been entered into wherein certain rights have been conferred and duties have been imposed upon the individuals. In this connection following may be noted:
(i) Pirates Pirates are treated as enemies of mankind under international law. Every State can apprehend and punish them.
(ii) Harmful acts of Individuals Under certain circumstance States are responsible for the harmful acts of their individuals. If a person causes harm to the personal property of the Ambassador of another State, then under international law the State is responsible for his act. Such persons are, therefore, given stringent punishment.
(iii) Foreigners To some extent international law regulate the conduct of foreigners. It is the duty of each State to give them those rights which it generally confers upon its own citizens.
(iv) War Criminals War criminal can be punished under international law. According to Nuremberg and Tokyo Tribunals, since war crimes are committed by the individuals, it is by punishing them the provisions of international law can be enforced.
(v) Espionage Espionage is a crime under international law and, therefore, spies can be apprehended and punished.
(vi) The United Nations Charter gives a place of importance to the individuals. An individual of any member State of the U.N. who claims to be the victim of violation of Human Rights by his own State may send a petition to the Commission through the Secretary-General of the U.N.
(vii) The 1965 Convention on the Settlement of Investment Disputes between the State and the Nationals of other States is a glaring example of such benign trend.
Thus slowly and gradually individuals are occupying an important place under international law
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