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Can individuals be held accountable under International Law?

10-May-2025
International Law

Answer By law4u team

Yes, individuals can be held accountable under International Law, especially in modern international legal systems that have evolved beyond state-to-state responsibilities. Traditionally, International Law was mainly concerned with the rights and duties of states. However, in the post-World War II era, especially with the establishment of international tribunals and conventions, individuals have increasingly become direct subjects of international responsibility. Here’s how individuals are held accountable: 1. War Crimes and Crimes Against Humanity: After World War II, the Nuremberg and Tokyo Tribunals marked a turning point where individuals — including military leaders, politicians, and civilians — were prosecuted for: War crimes Crimes against humanity Genocide This set the precedent that individuals cannot hide behind state authority. 2. International Criminal Court (ICC): The Rome Statute of 1998 established the ICC, which prosecutes individuals for: Genocide Crimes against humanity War crimes Crime of aggression Only individuals (not states or corporations) are tried, and only when national courts are unable or unwilling to prosecute. 3. Human Rights Violations: Individuals, including government officials, can be held responsible for gross human rights violations. For example, cases before the European Court of Human Rights or the Inter-American Court of Human Rights may result in accountability for state actors who directly violate rights. 4. Terrorism and Piracy: Certain international crimes, like terrorism, piracy, and drug trafficking, hold individuals accountable under international conventions and allow for prosecution by multiple states under the principle of universal jurisdiction. 5. Command Responsibility: Military commanders and civilian superiors can be held responsible for crimes committed by subordinates if they knew or should have known and failed to prevent or punish them. In conclusion, individual accountability under International Law is now well-established, particularly in areas involving human rights, international crimes, and humanitarian law. The shift reflects the global recognition that serious violations of international norms must have consequences, regardless of one’s rank or position.

Answer By Ayantika Mondal

Dear Client, Yes, a person can be placed in a situation of individual criminal responsibility under international law, in particular, for the commission of genocide, war crimes, crimes against humanity, and aggression. This has greatly developed international law, which previously tended to speak only about state responsibility. We are now witnessing a gradual resistance by sovereignty in favor of human rights, global justice, and the rule of law. International Criminal Court (ICC) – The ICC can try individuals, not States. The crimes under the ICC's jurisdiction are: genocide, crimes against humanity, war crimes, crime of aggression. The Court may try: Heads of State, Military commanders,Civilians, if any are involved I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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