The Protection of the Individual in International Law

The Protection of the Individual in International Law

The most of the doctrine contemporary talk of a personality, albeit limited, of individuals, natural and legal persons. It draws its inspiration especially by the multiplication of those conventional rules that require the Member States to protect the fundamental rights of man; more and more often, in addition, the individual may have recourse, if not obtain recognition of their own right, to international bodies specially created.

Also the customary law provides wide on to support international personality of the individuals: the c.d. crimina juris gentium include war crimes and against the peace and security of humanity and therefore those offences for which the State may exercise its power punitive beyond the limits normally assigned to it. Part of the doctrine did not accept this argument. In the end, it is true that many international laws are appropriate to be interpreted as rules that SWITCH directly to individuals, but it is also true that the international community remains structured as a community of rulers and not governed. International personality of individual is however also affirmed the International Court of Justice (for the first time in 2001).

Numerous are the international rules that protect the ethnic minorities, but they are they to subjects of international law. In international practice is often speak of rights of peoples: The term people is used only in an emphatic and can safely be replaced by the term. The speech is different when a right of peoples is speaking in relation to rules that are concerned the people as contrast to the State, which is dealing of the governed as opposed to the rulers. In part the human rights, the only under which expresses the opposition is the principle of self-determination of peoples. It is not only content in texts conventional, as such binding only the Contracting States, but it has purchased character custom through a practice that has developed to the United Nations and that is based is in the same paper un is in certain solemn declarations of principles of the General Assembly of the Organization.

Also the International Court of Justice has recognised L existence as a principle custom. Because the principle is applicable, except in the case of colonial territories, the foreign domination must not go beyond time in which the principle is established as legal principle, namely over time following the end of the Second World War. When these territories in which the foreign government, with its armed forces, is supported by a local government from which has perhaps received a request for help, the principle of self-determination shall apply by imposing on both governments the cessation of foreign occupation.

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