Traditional Role of International Law: States as Central Actors

Historically, international law was mainly about regulating the relations between
sovereign states. It did not directly deal with individuals like you and me. Instead, states
were the only "players" on the international stage. This traditional view was based on
important principles such as:
 Sovereignty (established by the Treaty of Westphalia, 1648):
Each state has the supreme authority over its territory and domestic affairs,
without interference from other states.
 Non-intervention (reinforced by Article 2(7) of the UN Charter):
No state or international organization should interfere in the internal matters of
another state.
 Territorial integrity (guaranteed under Article 2(4) of the UN Charter):
States must respect each other’s territorial borders and avoid using force to
alter them.
In this classical system, individuals were seen merely as objects of international law
meaning, they were protected through their state but had no direct standing themselves.
Only states had what we call "international legal personality," the ability to have rights and
duties under international law.
The Shift: Individuals and Groups Become Subjects of International Law
However, in the 20th century, a major transformation occurred.
Individuals and groups gradually became direct subjects of international law, meaning
they could have their own rights and responsibilities without always going through a state.
This shift became clear during four major historical moments:
1. Nuremberg Trials (1945–1946):
 After World War II, top Nazi leaders were tried and punished for crimes like
genocide and crimes against humanity.
 The important change: individuals could be personally held responsible
under international law, even if they were acting under orders from their state.
2. Founding of the United Nations (1945):
 The UN Charter linked the idea of maintaining international peace with
protecting human rights.
 It showed that ensuring human dignity was essential to global peace, and not
just an "internal matter" of states anymore.
 3. Universal Declaration of Human Rights (1948):
 For the first time, a universal set of rights was proclaimed for all human
beings, regardless of nationality, race, religion, or gender.
 It declared that every individual has rights simply because they are human.
4. Decolonization and Self-Determination Movements (1950s–1970s):
 Former colonies demanded and gained independence, based on the principle
of self-determination.
 Peoples not just states were recognized as having rights, like the right to
govern themselves and determine their own political status.
II. The Conceptual Foundations of People's Rights in International Law
In modern international law, the idea of people’s rights is built upon two main conceptual
streams:
A. Individual Rights
Individual rights are guaranteed to every human being simply by being human, no matter
where they live, what nationality they have, or what their government does.
These rights include basic protections like the right to life, freedom from torture, freedom of
speech, and the right to education.
Legal Foundations for Individual Rights:
1. Universal Declaration of Human Rights (UDHR, 1948):
➔ A landmark document that first proclaimed universal rights for all people.
➔ Note: It is non-binding (meaning it is not a treaty and doesn't create legal
obligations), but it is highly influential and forms the basis for many binding
treaties.
2. International Covenant on Civil and Political Rights (ICCPR, 1966):
➔ A legally binding treaty that protects civil and political rights such as the
right to a fair trial, freedom of religion, and freedom from torture.
3. International Covenant on Economic, Social, and Cultural Rights (ICESCR,
1966):
➔ A legally binding treaty focusing on rights like the right to work, education,
health care, and an adequate standard of living.
Together, the UDHR, ICCPR, and ICESCR are often called the "International Bill of
Human Rights."
Other important treaties protecting individual rights:
✓ Convention Against Torture (CAT, 1984):
Prohibits torture under any circumstances.
✓ Convention on the Elimination of Racial Discrimination (CERD, 1965):
Aims to end racial discrimination and promote equality.
✓ Convention on the Elimination of Discrimination Against Women (CEDAW,
1979):
Focuses on ending discrimination against women in all areas of life.
✓ Convention on the Rights of the Child (CRC, 1989):
Protects the rights of children, including the right to education, health, and
protection from abuse.
B. Collective Rights (Peoples' Rights)
While individual rights belong to each person, collective rights are rights that belong to
groups of people as a whole, not just to individuals.
For example, an indigenous community might have collective rights over their land, culture,
and way of life.
Key Recognized Collective Rights:
1. Right to Self-Determination (ICCPR and ICESCR, Common Article 1):
 Peoples have the right to freely determine their political status (e.g.,
independence, autonomy) and freely pursue their economic, social, and
cultural development.
2. Right to Development (UN Declaration on the Right to Development, 1986):
 All peoples and individuals have the right to participate in, contribute to, and
enjoy economic, social, cultural, and political development.
3. Right to a Healthy Environment (UN General Assembly Resolution A/76/L.75,
2022):
 Recognized that having a clean, healthy, and sustainable environment is a
human right essential to living a dignified life.
III. Civil and Political Rights (First-Generation Rights)
What are Civil and Political Rights?
Civil and political rights are designed to protect individuals from abuse, interference, or
neglect by their own government.
➢ They focus on freedom (such as freedom of speech) and protection (such as protection
against torture).
➢ These rights demand that governments refrain from violating basic human freedoms.
In international law, these are often called "first-generation rights", because they were the
first to be formally recognized at the global level, especially after World War II.
Key Legal Instruments
Several important treaties protect civil and political rights:
• International Covenant on Civil and Political Rights (ICCPR, 1966):
A major binding treaty guaranteeing a wide range of civil and political rights.
• European Convention on Human Rights (ECHR, 1950):
Protects human rights in Europe, enforced by the European Court of Human
Rights.
• American Convention on Human Rights (ACHR, 1969):
Protects human rights in the Americas (North, Central, and South America).
• African Charter on Human and Peoples' Rights (1981):
Protects human and peoples' rights across Africa.
Examples of Civil and Political Rights
Here are some important examples of civil and political rights, along with real-world
illustrations to make them easier to understand:
1. Right to Life (ICCPR, Article 6)
Every human being has the inherent right to life. No one shall be arbitrarily deprived
of their life.
Example:
During Israel's bombings of civilian structures in Gaza (2023–2024), there were
allegations that attacks violated the right to life and international humanitarian law,
especially concerning civilian casualties.
2. Prohibition of Torture (ICCPR, Article 7; Convention Against Torture (CAT), 1984)
No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or
punishment.
Example:
Systematic torture in Syrian prisons, widely documented by UN investigators,
showed brutal violations of this right, involving beatings, electric shocks, and other
forms of abuse.
3. Freedom of Expression (ICCPR, Article 19)
Everyone shall have the right to hold opinions without interference, and the right to
seek, receive, and impart information and ideas of all kinds.
Example:
Russian government's repression of anti-war journalists and protesters (2022–
2024) demonstrated restrictions on freedom of expression, as dissenters were arrested
or silenced.
4. Right to a Fair Trial (ICCPR, Article 14)
Everyone is entitled to a fair and public hearing by a competent, independent, and
impartial tribunal.
Example:
In Myanmar, following the 2021 military coup, political opponents and democracy
activists were arbitrarily detained without fair trials, in violation of this right.
Critical Issue: Immediate Effect of Civil and Political Rights
Civil and political rights must be respected immediately.
❖ States cannot delay protecting these rights by arguing that they lack money,
infrastructure, or resources.
❖ For example, a state cannot claim, "We are too poor to stop torture" or "We don't have
enough money to ensure fair trials."
These rights require instant compliance under international law.
In contrast, some economic, social, and cultural rights (like building schools or hospitals)
allow gradual implementation based on available resources, but civil and political rights do
not.
IV. Economic, Social, and Cultural Rights (Second-Generation Rights)
What are Economic, Social, and Cultural Rights?
Economic, social, and cultural rights are designed to ensure basic standards of living that
allow every person to live with dignity.
❖ They focus on positive obligations of the state meaning the state must take action to
create opportunities and protections for its people (like building schools, providing
healthcare, etc.).
❖ These rights are often called "second-generation rights" because they were
recognized after the earlier civil and political rights.
Unlike civil and political rights (which require the government mainly not to interfere),
economic, social, and cultural rights require the government to take active steps.
Key Legal Instrument
• International Covenant on Economic, Social and Cultural Rights (ICESCR,
1966):
A binding treaty that requires states to work towards fulfilling these rights.
Examples of Economic, Social, and Cultural Rights
Here are key rights under the ICESCR, along with real-world examples to make the ideas
more concrete:
1. Right to Education (ICESCR, Article 13)
Every individual has the right to free, compulsory primary education, and accessible
secondary and higher education.
Example:
After the Taliban’s takeover in Afghanistan (post-2021), they banned girls from
attending secondary schools and universities.
This ban is a direct violation of the right to education, as guaranteed under
international law.

2. Right to Health (ICESCR, Article 12)

Everyone has the right to the highest attainable standard of physical and mental
health, including access to healthcare and clean living conditions.
Example:
In Sudan (2023–2024), the ongoing conflict led to the collapse of healthcare
infrastructure hospitals were attacked, medical supplies ran out, and basic health
 services disappeared.
This situation shows a major breach of the right to health.
3. Right to Work and Fair Wages (ICESCR, Articles 6–7)
Everyone has the right to gain a living through freely chosen work and to receive fair
wages ensuring a decent living.
Example:
• Before the 2022 FIFA World Cup in Qatar, investigations revealed abusive labor
conditions for migrant workers:
 Workers lived in poor housing,
 Were underpaid,
 Worked under unsafe and coercive conditions.
These abuses violated the rights to work and to just and favorable
conditions of work.
Critical Perspective: "Progressive Realization"
Important Difference from Civil and Political Rights:
 Under Article 2(1) of the ICESCR, states are not expected to immediately
guarantee all economic, social, and cultural rights to everyone.
 Instead, they must progressively realize these rights "to the maximum of their
available resources."

This means:

 Poorer countries can say, "We are trying but we do not yet have the money/resources
to fully provide these rights."
 Economic hardships can justify slower progress unlike civil and political rights,
which must be respected immediately.

Impact:
Because governments can excuse delays due to "resource limitations," the enforcement of
economic, social, and cultural rights tends to be weaker than civil and political rights.
V. Collective Rights (Third-Generation Rights)
What Are Collective Rights?
❖ Collective rights (also called third-generation rights) are rights held not by
individuals, but by groups of people like nations, communities, or indigenous
peoples.
❖ They recognize that some rights can only be exercised collectively, such as a
people's right to govern themselves or to protect their environment.
Collective rights emerged strongly in international law during the decolonization era
(1950s–1970s) and through later global efforts on development and environmental protection.
A. Right to Self-Determination
What it means:
Every "people" has the right to freely choose their political status and to pursue their
economic, social, and cultural development.
Key Legal Sources:
✓ UN Charter, Articles 1(2) and 55:
Affirm the principle of equal rights and self-determination of peoples.
✓ Common Article 1 of both the ICCPR and ICESCR:
Explicitly recognizes the right of all peoples to self-determination.
✓ Declaration on the Granting of Independence to Colonial Countries and Peoples
(UNGA Resolution 1514, 1960):
Declares colonialism a violation of human rights and demands its end.
Examples:
Palestinian People's Right to Self-Determination:
➔ Repeatedly affirmed by UN General Assembly resolutions.
➔ International Court of Justice (ICJ) in its 2004 Wall Advisory Opinion
stated that the construction of the Israeli Wall in the occupied Palestinian
territory severely violated the Palestinians’ right to self-determination.
Kurds' Demand for Autonomy:
➔ The Kurdish people live mainly across Iraq, Turkey, Syria, and Iran.
➔ Their aspirations for autonomy or independence have faced strong resistance
and fragmentation by these states.
Critical Analysis:
❖ Selective Support:
Powerful countries sometimes support self-determination (e.g., Kosovo’s
 independence from Serbia) but suppress it elsewhere (e.g., Spain's action against
Catalonia).
❖ Problem of Double Standards:
This selective support damages the credibility of self-determination as a universal
right.

➔ Key Point: Self-determination remains highly political real-world support often depends
on strategic interests rather than genuine commitment to human rights.
B. Right to Development
What it means:
Every person and every people has the right to participate in, contribute to, and
enjoy economic, social, cultural, and political development.
Development must be inclusive, equitable, and sustainable.
Key Legal Source:
• UN Declaration on the Right to Development (1986):
Though not legally binding, it is a strong political commitment by states to
treat development as a human right.
Contemporary Challenge:
 Global Economic Inequality:
▪ There is still a sharp divide between the Global North (wealthier
countries) and the Global South (developing countries).
 Climate Reparations:
▪ At COP28 (2023), heated debates arose over whether richer
countries should compensate poorer nations for the damages caused
by climate change.
▪ Developing states argue that true development is impossible without
addressing historic injustices like colonialism and environmental
degradation.
C. Right to a Healthy Environment
What it means:
 Everyone and every group of people has a right to live in a clean, healthy, and
sustainable environment.
 This right is essential because without a healthy planet, all other human rights are
threatened.
Key Legal Source:
• UN General Assembly Resolution A/76/L.75 (2022):
Recognized, for the first time at the UN level, that a healthy environment is a
human right.

Example:
• Small Island States at ICJ (2023–2024):
✓ Countries like Tuvalu, Vanuatu, and others, whose very existence is threatened
by rising sea levels, brought legal actions.
✓ They argued that failure to stop climate change violates their peoples' right
to exist tying environmental harm to human rights law.
VI. Enforcement Mechanisms for People's Rights
Although many people's rights are recognized in international law, enforcing them remains
a serious challenge. Enforcement happens through two main paths:
A. UN Human Rights System
1. Human Rights Council (HRC):
➢ A major UN body based in Geneva.
➢ Conducts the Universal Periodic Review (UPR):
➔ Every UN member state's human rights record is reviewed every 4-5 years.
➔ Peer-review system: States criticize and recommend reforms to each other.

2. Special Procedures:
 Appoint Special Rapporteurs, Independent Experts, and Working Groups.
 They monitor specific issues (e.g., torture, freedom of expression) or country
situations (e.g., Syria, Myanmar).
 They conduct fact-finding missions and issue public reports.
3. Treaty Bodies:
• Committees of independent experts that monitor implementation of major human
rights treaties.
• Examples:
 Human Rights Committee (for ICCPR).
 Committee on Economic, Social and Cultural Rights (for ICESCR).
 Committee Against Torture (for CAT).
  Others for CEDAW (women’s rights), CERD (racial discrimination), CRC
(children's rights), etc.
Weakness:
• No binding enforcement power:
 Cannot "force" states to comply.
 Relies mainly on naming and shaming using publicity, international
embarrassment, and diplomatic pressure to encourage compliance.
 Powerful or authoritarian states often ignore UN recommendations.
B. International and Regional Courts
1. International Court of Justice (ICJ):
• Handles state-to-state disputes over international law.
Examples:
Gambia v Myanmar (Rohingya Genocide Case):
 Gambia accused Myanmar of committing genocide against the
Rohingya minority.
 ICJ ordered Myanmar to take measures to protect the Rohingya,
though full judgment is pending.
2. International Criminal Court (ICC):
• Prosecutes individuals for serious crimes like genocide, war crimes, and crimes
against humanity.
Example:
Putin's arrest warrant (2023):
 ICC issued an arrest warrant against Russian President Vladimir Putin
over the unlawful deportation of Ukrainian children.
 Enforcement is difficult because the ICC has no police force.
3. Regional Human Rights Courts:
Enforce human rights treaties within specific regions:
European Court of Human Rights (ECHR):
▪ Powerful and relatively effective, especially in Europe.
Inter-American Court of Human Rights:
▪ Covers Latin America and the Caribbean.
 African Court on Human and Peoples' Rights:
▪ Covers African states (still developing in strength).
Problem:
• Jurisdiction usually requires state consent:
States must agree to be bound by these courts’ decisions.
• Major powers undermine these courts:
✓ USA, China, Russia, and others often refuse to recognize the authority of the
ICC or resist ICJ decisions.
✓ This weakens the overall enforcement of international human rights.