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International Law
, p. 289, and
Re Marcinkus, Mennini
and De Strobel
87 ILR, p. 48.
240
See M. Mendelson, ‘The Diminutive States in the United Nations’, 21 ICLQ, 1972, p. 609.
See also Brownlie,
Principles
, p. 64.
241
See e.g. the Fundamental Agreement between the Holy See and the State of Israel of
30 December 1993, 33 ILM, 1994, p. 153.
242
CERD/C/226/Add. 6 (15 February 1993).
243
See also the decision of the Philippines Supreme Court (en banc) in
The Holy See
v.
Starbright Sales Enterprises Inc.
102 ILR, p. 163.
244
Crawford,
Creation of States
, p. 230. The International Committee of the Red Cross
also appears on the basis of state practice, particularly its participation in international
t h e s u b j e c t s o f i n t e r nat i o na l l aw
245
Insurgents and belligerents
International law has recognised that such entities may in certain circum-
stances, primarily dependent upon the
de facto
administration of specific
territory, enter into valid arrangements.
245
In addition they will be bound
by the rules of international law with respect to the conduct of hostilities
and may in due course be recognised as governments. The traditional law
is in process of modification as a result of the right to self-determination,
and other legal principles such as territorial integrity, sovereign equality
and non-intervention in addition to recognition will need to be taken into
account.
246
National liberation movements (NLMs)
The question of whether or not NLMs constitute subjects of international
law and, if so, to what extent, is bound up with the development of the
law relating to non-self-governing territories and the principle of self-
determination. What is noticeable is not only the increasing status of
NLMs during the decolonisation period, but also the fact that in many
cases the international community turned to bodies other than the NLMs
in controversial situations.
The UN trusteeship system permitted the hearing of individual pe-
titioners and this was extended to all colonial territories. In 1977, the
General Assembly Fourth Committee voted to permit representatives of
certain NLMs from Portugal’s African territories to participate in its work
dealing with such territories.
247
The General Assembly endorsed the con-
cept of observer status for liberation movements recognised by the Or-
ganisation of African Unity in resolution 2918 (XVII). In resolution 3247
(XXIX), the Assembly accepted that NLMs recognised by the OAU or
agreements, to be an international legal person to a limited extent: see Cassese,
Interna-
tional Law
, pp. 133–4.
245
See
Oppenheim’s International Law
, p. 165; Lauterpacht,
Recognition
, pp. 494–5; Brownlie,
Principles
, p. 63, and T. C. Chen,
Recognition
, London, 1951. See also Cassese,
International
Law
, pp. 124 ff.; S. C. Neff, ‘The Prerogatives of Violence – In Search of the Conceptual
Foundations of Belligerents’ Rights’, 38 German YIL, 1995, p. 41, and Neff,
The Rights
and Duties of Neutrals
, Manchester, 2000, pp. 200 ff.
246
See below, p. 251.
247
See M. N. Shaw, ‘The International Status of National Liberation Movements’, 5
Liverpool
Law Review
, 1983, p. 19, and R. Ranjeva, ‘Peoples and National Liberation Movements’
in
International Law: Achievements and Prospects
(ed. M. Bedjaoui), Paris, 1991, p. 101.
See also Cassese,
International Law
, pp. 140 ff., and H. Wilson,
International Law and the
Use of Force by National Liberation Movements
, Oxford, 1988.
246
i n t e r nat i o na l l aw
the Arab League could participate in Assembly sessions, in conferences
arranged under the auspices of the Assembly and in meetings of the UN
specialised agencies and the various Assembly organs.
248
The inclusion of the regional recognition requirement was intended
both to require a minimum level of effectiveness with regard to the or-
ganisation concerned before UN acceptance and to exclude in practice
secessionist movements. The Economic and Social Committee of the UN
has also adopted a similar approach and under its procedural rules it may
invite any NLM recognised by or in accordance with General Assembly
resolutions to take part in relevant debates without a vote.
249
The UN Security Council also permitted the Palestine Liberation Or-
ganisation (PLO) to participate in its debates with the same rights of
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