The Role of States in International Law: From Formation to Accountability

Introduction

International Law is a complex and multifaceted framework that governs the interactions of various organizations on the global stage. At the heart of this system States are acknowledged as the principal subjects of International Law and they are believed to form the basis of this system. States possess rights and obligations and hold a central position in International Law. This article examines how states are formed, what conditions should be met to become a state, and what obligations states have to other countries.?

States: The Original Subjects of International Law

As the original and principal subjects of international law, states occupy a special place in the legal system. The moment an entity achieves statehood, it becomes an international legal person and acquires international legal personality. Statehood is defined by certain criteria, including a permanent population, a defined territory, a government, and the capacity to conduct international relations.

Non-State Actors with International Legal Personality

While states are the primary subjects of international law, non-state actors have also acquired international legal personality. These actors include individuals, armed groups involved in conflicts, and international organizations like the United Nations, the European Union, and the African Union. The international legal personality of these entities is derived from specific instruments, such as constitutions, charters, and treaties.

Individuals, as non-state actors, have gained recognition in international law, particularly in the context of human rights and international humanitarian law. International instruments like the International Covenant on Civil and Political Rights grant individuals rights and protections, and individuals can bring claims before international and national courts to enforce these rights.

The Formation of States

• The process of forming new states blends legal requirements with factual conditions. The Montevideo Convention, 1993 established the statehood requirements that are now generally accepted. This convention indicates that a state must fulfil the following four requirements: Permanent Population
• A defined Territory?
• Government?
• The ability to engage in diplomatic relationships with other nation

These are the fundamental requirements for statehood and any organization seeking recognition as a state must meet these essential prerequisites. In order to create a state, these factual requirements must be established, and the pertinent legal obligations must be followed.?

Under International Law, states have numerous rights however they also have a lot of responsibilities. States have a corresponding obligation to abide by the laws and regulations of the International Legal Framework. States can be held accountable for breaches of their obligations, provided that the breach is attributable to the state itself. States can be responsible for a range of actions, including direct violations of international law. This includes breaches of international treaties or the violation of another state's territorial integrity.?

State Accountability and Exceptions under International Law

States can be held accountable for breaches committed by their internal institutions, as defined by their domestic law. This responsibility extends to entities and individuals exercising governmental authority within the state and to persons acting under the direction or control of the state. For example, a state may be held responsible for the acts of individuals who, as was the case in the 1979 Iranian hostage crisis, openly support and condone the seizure of a foreign embassy. However, there are some exceptions to state responsibility under International Law. A state is not held internationally accountable for its actions if its conduct was required by a peremptory norm of general international law, if it was taken in accordance with the UN Charter’s right to self-defense, if it constituted a legitimate measure to pressure another state to comply with its international obligations, if it resulted from force majeure beyond the state’s control, if it was taken to save lives, or if it was the only means of safeguarding an essential state interest against the? grave and imminent peril.

Conclusion

International law covers a wide range of topics and has developed over time to include states, people, non-state entities, and international organisations. While states continue to be the main subjects, the landscape of international law has adapted to accommodate a diverse array of actors, each with their respective roles and responsibilities. International law's inclusive approach accommodates the rights, duties, and obligations of all these subjects, with international treaties, customary law, and state practice shaping their interactions. As we navigate the complexities of international law, the understanding of these principles becomes paramount in fostering a just and accountable global order.?