In international law, an entity which exercises international rights, duties and

powers distinct from its members on the international plane, is said to possess
international legal personality. Under the 1986 Vienna Convention on the Law
of Treaties non-governmental organisations are excluded. Before the advisory
opinion of ICJ rendered in the Reparations case, there existed a lot of controversy
on whether international organizations are subjects of international law possessing
international legal personality. Based on the conclusion of the ICJ, the UN possess
international personality. And by extension other international organisations as
well. Al Qaeda is governed by the law of the State where it was incorporated. The
element of sovereignty is absent when it comes to Al Qaeda. On an international
level, States do not recognize Al Qaeda as a sovereign. Al Qaeda holds no effective
control over a territory. It being a terror outfit does command control over
certain region that it operates, however, the laws of the State still holds
legitimacy rather the Al Qaeda. It lacks a generic competence which is enjoyed by
other legal entities. Al Qaeda cannot bind itself through political, economic,
social and technical relationships in order to attain its goal. Legal entities
possess immunity by virtue of being State. Their immunity is provided for under the
general international law. Whereas, Al Qaeda holds no such immunity. It can be
brought under the provisions of violating laws of the State, irrespective of State
of incorporation or target State. It cannot cite immunity as a reason for its
actions. When it comes to gauging the status of an organisation we have to remember
that bestowal of international personality remains an exclusively reserved option
of States. There is no automatic recognition of legal personality when certain
criteria are fulfilled. The existence of criteria when fulfilled can become a basis
of endowing legal personality. However, other States havent made any such
declarations. Organisations by virtue of being an international personality possess
right, duties and capacities. Al Qaeda cannot enter into treaties with another
legal personality. Al Qaeda has no right to immunity from State jurisdiction for
acts and activities performed by the organisation. Al Qaeda has no right to send
and receive legations. Al Qaeda cannot bring international claim to obtain
reparation for damages caused by member States or third States to the organisation
or its officials. There is no duty to provide compensation for damages caused by
the organisation or its agents.
In light of the above mentioned reasons it cannot be said that Al Qaeda is a legal
personality.