Classical International Law and the Jewish Question*

Abstract

The treatment of nationals does not, in principle, fall within the scope of International Law. International Law governs the mutual relationship of States as political entities, similar in form and equal in law, which, under it, possess rights and obligations. But International Law also has a function in the promotion of the welfare of the individual. International relations always “contained provisions for the protection of individual needs and interests”. The Declaration of the Eight Powers, made in Vienna on February 8th, 1815 — which became Annex XV of the Treaty of the Vienna Congress of June 9th, 1815, with its universal abolition of the Slave Trade — promoted during the 19th century the principles of humanity and universal morality. But the individual, so far, has not been the direct concern of International Law — in which even the individual alien has no locus standi. At various stages, International Law has shown concern for certain rights — including those of life, liberty and property — which he may invoke in municipal courts. In return, he is subject — like every other citizen — to local laws and local jurisdiction 2, with due consideration to limitations in conventions and treaties. Of those rights nationality is the foundation “which confers alone upon the State the right of diplomatic protection.” By virtue of the bond of nationality between State and individual, the individual “is entitled to invoke the aid of a specific protector and a definite member of the international society of States has the right and reparation for their violation”. In fact, in the international sphere, a stateless person had no such protection. By taking up“the case of one of its subjects and by resorting to diplomatic action or international judicial proceedings on his behalf, a State is in reality asserting its own rights — its right to ensure, in the person of its subjects, respect for the rules of international law”.