 Entity directly possessed of rights and

obligations in the international legal

order
 Example: Sovereign State
  41 A.J.I.L. 172 (1947)

 FACTS:
 One of the defenses raised by the war
criminals in Germany was that they
themselves are mere individuals were not
directly liable for their acts; that they were
merely carrying out the orders of Hitler, the
German dictator; and that individuals have no
international duties.
 HELD:

 (1) International Law punishes not only states

but also individuals.
 Crimes against international law are
committed by MEN , not by abstract entities,
only by punishing individuals who commit
such crimes can the provisions of
International Law be enforced.
 (2) Art. 8 of The charter of the War Crimes
specifically provides that “the fact that the
defendant acted pursuant to an order of his
Government or of a superior shall not free
him from responsibility, but may be
considered in mitigation of punishment.” The
true test is not the existence of the alleged
orders, but whether or not moral choice was
in fact possible.
 (3) The very essence of the Charter of the
Tribunal is that individuals have international
duties which transcend the national
obligations of obedience imposed by the
individual state. He who violates the law of
war cannot obtain immunity while acting in
pursuance of state authority that moves
outside its competence in International law.
 1. Complete/ perfect personality
 2. incomplete, imperfect, qualified or quasi-
international personality
 State
 Categories:
 a. Simple State (such as Philippines)
 b. Composite State
◦ Federation/ Federal Union
◦ Confederation
◦ Real union
◦ Personal union
◦ Incorporate Union
◦ FEDERATION VS. CONFEDERATION

◦ REAL UNION VS. PERSONAL UNION

◦ INCORPORATE UNION VS. REAL

UNION
 a. Dependent (Protectorate vs. Suzerainty)
 b. Belligerent and Insurgent
 c. Colonies, Dependencies, and Possessions
 D. Mandates and trust territories
 Mandates: former territorial possesions of the
States defeated in the WWI, placed under the
control of League of Nations (Mandatories)
 After WWII, some of these territories were
place under the supervision of UN,
Trusteeship Council and Administering
Authorities.
◦ OBJECTIVES:
◦ a. Further international peace and security
◦ b. promote political, economic, social and
education advancement of the inhabitants, and
progressive development towards independence or
self-government
◦ c. encourage respect for human rights and for
fundamental freedoms
◦ d. ensure equal treatment in social, economic, and
commercial matters.
 Article 77, United Nations Charter
 Trusteeship shall apply to the following:
a. territories now held under mandate
 b. territories which may be detached from
enemy states as a result of WWII
 C. territories voluntarily placed under the
system by states responsible for their
administration.