The scope of international personality has evolved significantly from state-centric models to modern functionalist systems.
1. Theories of International Personality
- Realist Theory (State-Centric): States are the sole subjects of international law. Individuals and international organizations are merely objects (beneficiaries) of treaties, possessing zero direct standing.
- Fictionalist Theory: Individuals are the only true subjects of all law, as states are merely abstract political entities operated by natural persons.
- Functionalist / Modern Theory: States are the primary subjects, but international organizations (like the UN) and individuals also possess limited international personality to the extent necessary to perform their functions.
2. The Place of the Individual
Historically, individuals held zero rights. Modern international law directly imposes duties and grants rights to individuals:
- Direct Duties: Individual criminal responsibility for international crimes (genocide, war crimes, crimes against humanity) prosecuted at the International Criminal Court (ICC) or established at the Nuremberg Trials.
- Direct Rights: Human rights instruments grant individuals the right to petition regional courts (e.g., European Court of Human Rights) against their own states.
📜 Advisory Opinion: Reparation for Injuries Suffered in the Service of the UN (1949)
The ICJ held that the United Nations is an international person. While it is not a state or "super-state," its legal personality is derived from its charter functions, granting it the capacity to bring international claims for damages suffered by its agents.