L´humanisation du droit international:la personne humaine en tant que sujet du droit des gens

Abstract

The individual is subject jure suo of international law, as sustained along the centuries by the most lucid legal doctrine, as from the writings of the renowned “founding fathers” of our discipline. The considerable importance attributed to the human person in the framework of the law of nations by the famous “founding fathers” of the discipline should not be forgotten in our epoch. The subsequent submission of the individual to the “will” of the State has never appeared convincing, and was promptly challenged by the most lucid legal doctrine. In our epoch, the individual is recognized - and quite clearly in Greek jusinternationalist doctrine - as subject of domestic as well as international law. The international subjectivity of the human being has emerged with vigour in the legal science of the XXth century, as a reaction of the universal juridical conscience against the successive atrocities committed against the human kind. The direct access of the individual to the international jurisdiction is thus entirely justified so as to defend his rights, even against his own State. The consolidation of the international legal personality of individuals enhances pari passu responsibility in international law for the abuses perpetrated against human beings. At this beginning of the XXIth century, this very important advance can be appreciated in the framework of the historical process in course of the humanization of international law.