The Individual Facing International Law

The Individual Facing International Law / Cuban Law Association, Argelio
M.Guerra
Argelio M. Guerra, Cuban Law Association, Translator: Unstated

With regards to the most basic concept on the subject of a legal
relationship, defined as those who participate in the relationship and
have the ability to claim rights and assume obligations, we can assume
that if this legal relationship is of an international character, then
the subjects are participating in these international relations have
rights and duties, and that they exercise them within the framework and
on the basis of international law.

Both classic international law as well as the most contemporary
international public law assume that sovereign states are the principle
subjects of international law, and this is the case because these
subjects are the only ones endowed with sovereignty and in whose will to
be bound by international order rests the foundation of the sources of
international law. It is also true that the current recognition and
widespread practice of establishing the individual as an immediate and
direct subject of international law in those situations that affect his
life, his work, his freedom.

This tendency has become larger since the second half of the 20th
century in which the horrors and crimes of the Second World War
established the ability of the individual to be a subject of
international law.

The League of nations tried to set a minimum paradigm on matters of
Human Rights to be guaranteed by states, and the United Nations elevates
those to a new dimension for perpetrators of genocide to answer for such
outrages in international order.

The International Criminal Court was established for this reason and it
refers in its statutes to the obligations of the individual person, who
is endowed with the ability to hold accountable a state that fails to
comply with its obligations under International Law.

September 25 2012

http://translatingcuba.com/the-individual-facing-international-law-cuban-law-association-argelio-m-guerra/