Individuals
Historically, states were the only subjects of international law. During the 20th century, however, a growing body of international law was devoted to defining the rights and responsibilities of individuals. The rights of individuals under international law are detailed in various human rights instruments and agreements. Although references to the protection of human rights appear in the UN Charter, the principal engine of the process was the Universal Declaration of Human Rights (1948; UDHR). The UDHR has been supplemented by an impressive range of international treaties, including the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Convention on the Rights of the Child (1989). With the exception of the convention on genocide, these agreements also have established monitoring committees, which, depending on the terms of the particular agreement, may examine the regular reports required of states, issue general and state-specific comments, and entertain petitions from individuals. The committee against torture may commence an inquiry on its own motion. The broad rights protected in these conventions include the right to life and due process, freedom from discrimination and torture, and freedom of expression and assembly. The right to self-determination and the rights of persons belonging to minority groups are protected by the convention on civil and political rights. In addition, the UN has established a range of organs and mechanisms to protect human rights, including the Commission on Human Rights (replaced in 2006 by the Human Rights Council).
Human rights protections also exist at the regional level. The best-developed system was established by the European Convention on Human Rights, which has more than 40 state parties as well as a court that can hear both interstate and individual applications. Other examples are the Inter-American Convention on Human Rights, which has a commission and a court, and the African Charter on Human and Peoples’ Rights (1982), which has a commission and is developing a court.
In addition to the rights granted to individuals, international law also has endowed them with responsibilities. In particular, following the Nürnberg Charter (1945) and the subsequent establishment of a tribunal to prosecute Nazi war criminals, individuals have been subject to international criminal responsibility and have been directly liable for breaches of international law, irrespective of domestic legal considerations. Individual responsibility was affirmed in the Geneva Conventions and their additional protocols and was affirmed and put into effect by the statutes that created war crimes tribunals for Yugoslavia (1993) and Rwanda (1994), both of which prosecuted, convicted, and sentenced persons accused of war crimes. The Rome Statute of the International Criminal Court, which entered into force in 2002, also provides for individual international criminal responsibility.