19. It is well recognized that conventional international law is
derived from international treaties and conventions, and
typically demarcated States as the main subjects thereof.
Indeed, this was the argument of learned Counsel for the
Respondent herein. However, individual persons are increasingly
becoming recognized subjects of international law as well in so
far as it (international law) imposes certain duties upon States
with regard to such persons. Individual persons’ recognition as
participants in international law is, nonetheless, subject to the
existence of specific provision therefor in an international treaty.
In the absence of such provision, an individual person cannot
bring a complaint; only a State of which s/he is a national would
be mandated to complain of a violation before an international
tribunal.
20. Applying the foregoing principles to the instant case, we find
that the EAC Treaty does make provision for complaints by
natural or juridical persons to this Court as outlined in Article
30(1) thereof, and thus recognizes them as subjects of
international law in its legal regime. Further, it is quite clear that
within the EAC legal regime the Treaty is the primary instrument
that outlines the obligations of Partner States in the Community.
The ILC Articles, on the other hand, are supplementary rules
intended to enable this Court determine the culpability of
Partner States for the acts or omissions of their organs. In the
present context, the Articles are pertinent to a determination of
the Respondent’s culpability for the conduct of the
Commission. We are satisfied, therefore, that the said Articles
do apply to a dispute brought against a Partner State by a
person resident in the Community, and do hereby disallow the
submission of learned Counsel
for the Respondent to the
contrary.
REFERENCE No. 10 OF 2013
Page 11