SUBJECTS OF IL: INSURRECTIONAL MOVEMENTS, PEOPLES
Insurrectional movements or insurgents
person/s who revolts against a civil authorithy or an established government
temporal IL subjectivity
they become a state if they succeed
they are considered as rebels if they fail
limited IL subjectivity
only some international legal norms apply to them
if damages occur to third subjects
if the insurgence fails: the established state is not responsible only if it had no role in the occurence of damages
if it succeeds, the new government is responsible
if insurgents violate the IL, gthe responsible is
if the insurgence fails, the establshed state is responsible if it has made no effort in preventing the violation of IL
if it succeeds, the new government
intervention of States(direct/indirect)
legitimate: in favour of the established government
prohibited: in favour of insurgents
Peoples
they are NOT IL subjects
IL includes peoples' self-determination among its main principles
a combination of the right to self-determination upon people and the oblogation to be under the customary norms upon all states
they differ from minorities and indigenous people
self-determination
it arose during the period of de-colonization
stated in UN charter, UN GA
ICJ's decisions/opinions dealing with the self-determination
1971 Namibia
On 1966, the GA decided the termination of rights to administer South Africa, but the presence of the south african authorities continued; in 1971, the Court of Justice declared the illegality of these authorities and imposed the obligation of withdrawal of the administration
ICJ opinion(52,53): self determination is applicable to all those territories whose peoples have not yet attained a full measure of self-government
1975 Western Sahara
ICJ opinion: the unconditional end of colonialism in all its forms and manifestations is necessary, all peoples have the right to self-determination, they are free to determine their political status, to pursue their economic, social and cultural development
1995 East Timor
ICJ judgement(29): the violation of the principle of self determination has erga omnes effects, meaning that it is considered as a violation towards all international legal subjects
2004 wall in Palestine
ICJ opinion(159): all States are under the obligation to not recognize the illegal construction of the wall in Palestine, no aid or assitance in maintaining this situation is allowed. All obstacles to the Palestine peoples' right to self determination must come to an end
External seld-determination
independence from foreign domination, the right of people to be part of their own state
allowed also through use of force
Internal self-determination
the right of people to choose its own form of government
not regulated by IL