Bernas Reviewer – Other Subjects of International Law

Honey Joy Bellen – AUSL – Atty. Demigillo

Other Subjects of International Law - International Orgs, Insurgents, National Liberation Movement,
Individuals

1. International Organizations
Establishment - these are established by States through making a treaty. The object of such a treaty is to
create new subjects of law endowned with a certain autonomy, to which parties entrust the task of
realizing new goals.
International Personality - It has powers essential to performing their functions. The Organization has
the capacity to exercise functional protection in respect of its agents.
BUT their powers and privileges are limited by the constituent instrument that created them.
>They are governed by principle of specialty - they are invested by the States which create them with
powers, the limits of which are a function of the common interests whose promotion those Sates entrust
to them
>To this end, they also have implied powers
Immunities - Immunities not due to sovereignty but the need for the effective exercise of their
functions. Article 105-
The Org itself has the privilege of immunity provided by member states
Representatives of the Members of the UN and officials of UN - also have this privilege
The General Assembly may make recommendations to ensure Article 105 is implemented

Example of international organizations (jurisprudence) - IRRI, ICMC, ADB - their immunities

provided for under a treaty; e.g.ADB from Headquarters Agreement. ICMC - specialized agency of UN

The grant of immunity - a political question

But this grant does not extend to acts done by the official in his/her private capacity (Hue Feng vs PP,
grave oral defamation)

Purpose of UN
>maintain peace and security
>develop friendly relations
>achieve international co-operation in solving international probles of an economic, social, cultural or
humanitarian character
> Center for harmonizing the actions of nations in the attainment of these common ends

International Constitutional Supremacy - in the event of conflict between Member States' obligations in
the UN Charter and any other international agreements, the former shall prevail.

2. Insurgents

1949 Geneva Convention (Int'l Humanitarian Law)

1. Convention of treatment of wounded, sick in land forces
2. Convention of treatment of wounded, sick in shipwrecks
3. Prisoners of War
4. Protection of civilian persons during war
To supplement this Convention, PROTOCOL II was created to regulate the conduct of parties in non-
international armed conflict.
A non-international armed conflict is defined as where the armed forces of a State are in an armed
conflict with dissident armed groups or other organized armed groups under a responsible command,
which have control over its territory to enable them to carry out sustained and concerted military
operations to implement this Protocol.
>Material Field of Application- High standard to say that an armed group has international personality.
If it meets the above criteria, it can enter into treaties.
>Once recognized they have limited form of international personality - attributes of which are they are
recognized as having belligerent status against de jure government and they are seen as having treaty
making capacity

Common Article 3 - extended the scope of humanitarian protection not only during non-international
armed conflict but also internal conflict
Humane treatment of those who have no active part in the hostilities, including members of armed
forces who has surrendered hors de combat
Prohibited acts with respect to above persons
>violence to life and person
>taking of hostages
>outrages upon personal dignity
>passing of sentences without previous judgment by a regularly consti court

3. National Liberation Movements

Definition: organized groups fighting in behalf of a whole people for freedom from colonial powers
Characteristics: they can be based within the territory which they are seeking to liberate or they might
find a base in a friendly country. Legitimacy came from their goal to free themselves from colonial
domination or a racist regime or foreign occupation. Self-determination! Ultimate goal - to control a
territory

4. Individuals
Now a subject also although only a limited locus statnd. Individiuals to exhaust first all domestic
remedies

Manglapus case doctrine: individuals can also be subjects not merely objects in international arena
Major War Criminals - individuals can also be held lliable for criminal acts done against provisions by
international treaties.