International law, also known as law of nations, governs the relationship between various countries in the world. The main objective of international law is to harmonize the political situations and promote world peace and stability. It also penalizes and imposes restriction on states that break the law. This is done through various ways like setting up trade barriers, imposing certain restrictions etc.
According to some jurists, the international law should only deal with the subject between countries or states, and the individuals are the object of the state hence cannot be a part of international law. On the other hand some jurists say that the society is made of the individuals hence they become a part or subject of a state rather than an object.
The major developments in the field of international law happened after the Second World War when the League of Nations was replaced by the United Nations. The establishment and development of the Universal Declaration of Human Rights (UDHR) and UN Charter gave a pathway and guidelines to various Articles that were to come further.
The Article 1 of UDHR clearly defines the fundamental right of the human being is freedom and dignity of life. Individuals, as such in international law were primarily meant to describe organizations, establishments, or business undertakings. Thought they are considered as individuals but are not treated or given rights as those of immediate individuals. The duties for the state are also the duties for the individual as pointed by Kelsen.
In the modern timed the individuals have been conferred upon by both the rights and duties as the same time like in the International Convention of Human Rights (ICHR).
INJURIES SUFFERED IN SERVICE OF UNITED NATIONS, 19489
Count Folke Bernadotte, a mediator of for the United Nations in Palestine was killed along with several other members who were on United Nations Mission to Palestine. Du to this the General Assembly asked the Court whether there can be repatriation made by the State for the death of the individuals. After further discussions of the Bench, the Court said that the State was liable to compensate for the losses of the individuals. It was also stated that the UN had to make clear the rights of the individuals who will be working on behalf of them in an international level.
DANZIG RAILWAYS CASE
The Permanent Court of Justice (PCIJ) held that if any treaty was being made to enforce rights for individuals, then it becomes the duty of the court to protect and help in enforcing the rights.
According to me, though the international law has a very wide scope and deals with matters relating to the state at large, it is to be taken note of that the individual is the base of the society. The society then becomes a state and so on. It is necessary that individuals are recognized and protected to the maximum extent for the betterment.
Aishwarya Says:
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