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A NEW INTERNATIONAL ORDER 201 The US, USSR, and In the case of California In the Roe v. Wade UK sign the Partial, Miranda v. Arizona, introduces the case, the Supreme the US Supreme Court principle of the Court rules in favor of a or Limited, Test rules that suspects in no-fault divorce. woman’s legal right to Ban Treaty, a first police custody must be abortion in the US. step toward nuclear told of their right to disarmament. remain silent. 1963 1966 1969 1973 1964 1966 1970 1973 The Civil Rights The International The Federal Witness The US Act outlaws Covenant on Civil and Protection Program government Political Rights (ICCPR) introduces the discrimination is drafted to complement is introduced to Endangered on grounds of the Universal Declaration combat organized Species Act. race in the US. crime in the US. of Human Rights. not least to rebuild industries of the Scandinavian countries. In American anger against the and foster economic regeneration. stark contrast, tensions grew on discriminatory “Jim Crow” laws, Lessons had been learned from either side of the “Iron Curtain,” leading eventually to the Civil the consequences of the punitive with the “communist” bloc of the Rights Act of 1964. Women’s settlement imposed on Germany USSR, its allies, and China on one rights were also forcibly put on after World War I. In place of side and the US and the capitalist the agenda by the rise of feminism, retribution, reconciliation—in West on the other. Each camp and changes were brought about particular, between France and increased its nuclear arsenal, with in the laws on such issues as Germany—led to the creation things coming to a head during the abortion and divorce. of new European institutions. Cuban Missile Crisis of 1962. In its wake came international talks to There was also a growing The 12 member nations of restrict the proliferation of nuclear concern for environmental issues, the Council of Europe agreed to a weapons, resulting in the Partial, or as the effects of human interference Convention on Human Rights in Limited, Test Ban Treaty in 1963. with nature became more apparent. 1950, and the European Coal and In 1973, both the Convention on Steel Community, which later grew Social change International Trade in Endangered into the European Union (EU), As well as international efforts to Species of Wild Fauna and Flora established the European Court of promote and protect human rights, (CITES) and the US Endangered Justice in 1952. A similar spirit of there were growing movements, Species Act were enacted. They cooperation led to the creation especially in the US, pressing began to address the need to of the Nordic Council in 1952. A for social change with legal protect the natural world, but decade later, this body adopted the reinforcement. The civil rights they did not yet deal with the Helsinki Treaty, which paved movement grew out of African deeper ecological implications the way for closer integration of the loss of biodiversity. ■

RNEEWQUEVIRILES NEW REMEDIES THE NUREMBERG TRIALS (1945–1949)



204 THE NUREMBERG TRIALS IN CONTEXT A new charge of Lawyers for the “crimes against Nazis argue that they FOCUS Military law humanity” is cannot be tried for created for the crimes that didn’t BEFORE Nuremberg exist when they 1474 Burgundian knight Peter were committed. von Hagenbach is the first trials. commanding officer to be There is a convicted of war crimes. The Nazis’ precedent for trying actions are so war criminals in the 1920 The League of Nations appalling that Hague Conventions sets up the first international justice would court, the Permanent Court of not be served of 1899 and 1907. International Justice (PCIJ). if they went unpunished. evidence of the appalling fate 1943 Leaders of the Allied of Jews under the Nazis came to powers resolve to put Nazi important landmark in the light, the Allies resolved, under the war criminals on trial. establishment of an international four-part Moscow Declarations of system of justice. They set a 1943, to punish those responsible. AFTER precedent for dealing with crimes One document, the Declaration 1961 Nazi Adolf Eichmann is of genocide and crimes against on Atrocities, was signed by caught in Argentina, tried in humanity across national borders US president Franklin D. Roosevelt, Jerusalem, and executed. and became a symbol of victory over warmongering and atrocity. 1987 Klaus Barbie is tried and convicted of deporting Jews. Coming retribution Before the war had even come to 2017 The Yugoslav war crimes an end, the Allied leaders began tribunal closes after convicting discussing what to do with Yugoslav president Slobodan the Nazi leaders. There was a Miloševic´, Radovan Karadžic´, widespread desire to bring justice and General Ratko Mladic´. and punishment to those who had caused so much suffering and T he Nuremberg trials death. Even more pressing was were a series of 13 court the need for retribution for the cases held in Nuremberg, horrors of the Holocaust. As Germany, between 1945 and 1949. Their purpose was to bring The emaciated survivors the leaders of the defeated discovered in Nazi concentration Nazi regime to internationally camps at the end of the war fueled recognized justice in the aftermath the need to punish the architects of World War II. Other similar trials of the Holocaust. followed, including a series held in Tokyo against Japanese war leaders, but the Nuremberg trials set the precedent. Nazi leader Hermann Göring, one of the defendants, dismissed the Nuremberg trials as “victor’s justice”—but they were an

A NEW INTERNATIONAL ORDER 205 See also: The Geneva Conventions 152–155 ■ The Hague Conventions 174–177 ■ The Genocide Convention 210–211 ■ The United Nations and International Court of Justice 212–219 ■ The Universal Declaration of Human Rights 222–229 British prime minister Winston and because Hitler had held his [The Nazis] have been given Churchill, and Soviet premier largest rallies there, which gave the kind of a trial which Joseph Stalin; it determined to a symbolic power to the process they, in the days of their return Germans to the scene of their of punishing his regime for the pomp and power, never crimes, judge them, and punish the atrocities it committed. gave to any man. guilty appropriately. Robert H. Jackson New court, new crimes Trial or execution? The court was set up as an Summation for the prosecution, While Churchill was in favor International Military Tribunal July 26, 1946 of summarily shooting the high- under the London Charter that ranking officers to avoid what he was signed on August 8, 1945, by time, the trials were conducted in believed would turn out to be a the four leading Allies—the US, four languages with simultaneous show trial, the Russians were eager UK, Soviet Union (USSR), and France. translations transmitted through to do things right. Churchill wrote, Although there would be no jury, headphones to all participants. “U. J. [“Uncle Joe”, meaning Stalin] there was to be equal national took an unexpectedly ultra- representation among the judges Each interpreter had to translate respectable line. There must and prosecution. The US and UK into their target language in real be no executions without trial; prosecutors Robert H. Jackson time. That meant for each of the otherwise, the world would say and Sir Hartley Shawcross would four languages, there had to be we were afraid to try them.” achieve prominence through their one interpreter for each of the other relentless cross-examination of the three languages. The stress on After Roosevelt’s death in accused. The defense was largely interpreters relaying instantly ❯❯ April 1945, the Americans came in the hands of German lawyers. to agree with the Russians, and US assistant secretary of war John At each of the 13 trials, judges, McCloy expressed surprise that prosecutors, and defendants spoke the British would object. In the four different languages: English, end, the British agreed, and a site French, German, and Russian. was chosen for the leading figures Translating everything four ways in to be tried in Nuremberg, both for writing would have dramatically its good court and prison facilities slowed proceedings, so for the first Robert H. Jackson Born on a farm in Pennsylvania As a Supreme Court justice, in 1892 and raised in New York, Jackson objected to the wartime Robert H. Jackson grew up to internment of Japanese become one of the most famous Americans and to segregation US Supreme Court justices in but ruled that communist history and an ardent defender plotters were not afforded of the rule of law against the protection by the constitutional overreach of federal agencies. right to freedom of speech and He was one of the last people movement. Jackson is best to serve on the Supreme Court known for his role as the chief without having a law degree. US prosecutor at the Nuremberg Before joining the Supreme Court, trials, where his incisive style he also, uniquely, held the posts of questioning made a huge of both US solicitor general and impact. He died in 1954 in US attorney general. Washington, DC.

206 THE NUREMBERG TRIALS often very harrowing testimony which included murder; forced Reichsmarschall Hermann Göring was immense, and some had to labor; forced movement of civilians; was behind the implementation of the be replaced midtrial. There was and persecution on political, so-called Final Solution, the plan that also criticism of the system religious, or racial grounds. was intended to completely annihilate because of the high possibility Europe’s Jewish population. of mistranslation under pressure, During the trials, prosecutors as well as interpreters giving identified the Nazis’ crimes against having either committed suicide their own take on the statements, humanity as genocide, using a term in the closing stages of the war or either consciously or inadvertently. coined in 1944 by Polish lawyer fled without trace. Meanwhile, lawyers complained Raphael Lemkin. The word was his that the translation process gave response to the Holocaust, as well The tribunal considered that it defendants crucial thinking time as to other historic instances of was legitimate to try commanders under cross-examination. Despite the destruction of whole nations or for crimes that were committed all of this, the system proved groups defined by their ethnicity by their troops under the doctrine successful and has since become or religion. The United Nations of “command responsibility,” a the norm in international trials. outlawed genocide in the 1948 concept that had been established Convention on the Prevention by the Hague Conventions of 1899 The London Charter defined and Punishment of the Crime of and 1907. Although not everybody three new kinds of crime. First were Genocide, which came into force was in agreement, there was a crimes against peace—defined, in 1951, after the Nuremberg trials precedent. In 1921, after World in essence, as planning for and had concluded. War I, German captain Emil Müller starting wars of aggression. had been convicted under this Second were war crimes, defined The accused directive by the German Supreme as breaking the conventions of In October 1945, 24 Nazi leaders Court for the cruelty of his troops at war in the treatment of civilians and several Nazi organizations, the Flavy-le-Martel prison camp. and prisoners. And finally, there including the Gestapo, were were crimes against humanity, indicted and ordered to appear The most prominent among before the main tribunal in what the accused at Nuremberg was The Nazi leaders put on trial was called the Trial of the Major Hermann Göring, the former air included (pictured front row of the War Criminals. Some of the main force chief and the man responsible dock, from left) Hermann Göring, Rudolf players—notably Adolf Hitler for the implementation of a plan of Hess, Joachim von Ribbentrop, Wilhelm himself, Heinrich Himmler, and mass murder called The Final Keitel, and Ernst Kaltenbrunner. Joseph Goebbels—were missing,

A NEW INTERNATIONAL ORDER 207 International Military Tribunal structure Participants French British American Soviet Judges Main Professor Henri Lord Justice Colonel Francis Biddle Major General Donnedieu Sir Geoffrey Iona Nikitchenko de Vabres Lawrence Alternative Robert Falco Sir Norman John Lieutenant Colonel Birkett J. Parker Alexander Volchkov François de Attorney Associate Lieutenant Menthon, General Sir Justice Robert General Roman later replaced by Auguste Champetier Hartley H. Jackson Andriyovych de Ribes Shawcross Rudenko Chief prosecutors Defense Mostly German At least one for each defendant, including Otto Stahmer (for Hermann Göring), Hans Flächsner (Albert Speer), Günther von Rohrscheidt and Alfred Seidl (Rudolf Hess), and Rudolf Merkel (the Gestapo) Solution to the Jewish Question. that is, the crimes were only waging war. Crucially, though, He was boldly unapologetic, lying identified as crimes for the first it was argued that even if there outrageously and insisting that time in the London Charter, which was no precedent in law—as with the Nazi leadership had only done laid out the guidelines for the crimes against humanity—the what all war leaders do to ensure trials long after the crimes had Nazi crimes were so appalling their country’s survival. been committed. Another was that justice would not be served that the trials were not fair and if they were to go unpunished. On the other hand, Albert Speer, impartial, but were victor’s justice Hitler’s armaments minister, was brought by the Allies against Condemnation and charming and debonair, skillfully the Germans while ignoring similar execution offering all the information the court crimes committed by their own In the end, the tribunal found all but asked for. He apologized profusely for troops. A third was that they had three of the 24 accused men guilty. the terrors the Nazis had committed been acting under orders. Twelve of them were sentenced with such apparent sincerity that to death, and the rest were given he was given just a 20-year prison The tribunal dismissed the prison sentences ranging from 10 sentence and spared the death ex post facto argument by following years to life. On October 16, 1946, penalty—unlike Göring. It was only the precedent for war crimes set 10 of the men condemned to death later that the true depth of Speer’s by the Hague Conventions of 1899 were taken to the prison gymnasium involvement came to the fore. and 1907, which prohibited certain and hanged. As he was led to the methods of warfare. In relation to gallows, Fritz Sauckel shouted, “I die Legal defense crimes against peace, they referred innocent. The verdict was wrong.” The Nazi leaders attempted several to the 1928 Kellogg–Briand Pact defenses. One was that the crimes (or the Pact of Paris), by which Hermann Göring had escaped of which they were accused were signatory states promised not to his fate by committing suicide by ex post facto, or retroactive, laws— attempt to solve disputes through taking a cyanide pill the night ❯❯

208 THE NUREMBERG TRIALS before he was due to be executed. bringing 28 Japanese military Why don’t you just The twelfth man, Martin Bormann, leaders to trial. US general Douglas shoot us? who was Hitler’s closest aide in MacArthur had launched the the last years of the war, had process by arresting Japanese Unknown Nazi war been tried and condemned in his leaders in September 1945, when criminal, 1946 absence. It was long believed he Japan’s surrender brought World had fled to South America, but War II to an end. The following Zealand, the Philippines, the USSR, in the 1970s, a skeleton was dug January, he approved the Charter of the United Kingdom, and the up in the ruins of Berlin; DNA the International Military Tribunal United States—all of which had testing in 1998 confirmed that for the Far East, called the Tokyo been drawn into Japan’s war— it was Bormann. Charter. Like the London Charter, provided judges and prosecutors. this laid out the way the trials Follow-up trials would work. After 2 years, all 28 Japanese After the Trial of the Major War leaders tried were found guilty. Criminals, there was a series of The charter specified a similar Seven were condemned to death follow-up trials at Nuremberg system to Nuremberg, with three and hanged. The rest were given between December 1946 and broad categories of crime. The long prison sentences. April 1949. However, growing charge of crimes against peace differences among the Allies (class A charges) was brought The aftermath undermined cooperation, so these against Japan’s top leaders who Many people found the experience were not international courts but had steered the war. War crimes of the Nuremberg and related US military tribunals, even though and crimes against humanity trials a dispiriting one. All those they were held in the same place. (classes B and C) were brought attending had been through many There were trials against doctors against lower ranks. But unlike in weeks of listening to the horrors who had experimented on prisoners Nuremberg, to be prosecuted for of the German crimes unfold. and trials against industrialists any of these latter two crimes, who had used forced labor. individuals first had to be charged Some continued to argue that In all, a further 185 individuals with crimes against peace. it was indeed victor’s justice. The were indicted, and 12 were Soviets were soon found to have condemned to death. One other key difference from massacred 22,000 captured Polish Nuremberg was that instead of four officers at Katyn in 1940, while Meanwhile in Japan, between countries, there were 11 nations hundreds of thousands of German April 1946 and November 1948, represented in Tokyo. Australia, civilians had been killed by the another international tribunal was Canada, China, France, British Allied bombing of Hamburg, India, the Netherlands, New Dresden, and other German cities. Harlan Stone, chief justice of the US Supreme Court at the time, A total of 419 witnesses gave evidence at the International Military Tribunal for the Far East. The three defendants shown here are General Iwane Matsui, Colonel Kingoro Hashimoto, and General Kenji Doihara.

A NEW INTERNATIONAL ORDER 209 said the whole affair was a Nations. The Geneva Conventions, [An] international Magna “sanctimonious fraud” and a updating earlier standards for Carta for all mankind. “high-grade lynching party.” humanitarian treatment in war, Eleanor Roosevelt followed in 1949. Despite the criticism, later there Chair of the Universal was a widespread belief that the Calls for the creation of an Declaration of Human Rights’ trials had achieved something International Criminal Court to drafting committee (1884–1962) of great importance. They had follow up on the Nuremberg trials formally recorded many of the were dogged by disagreement. against terrible war crimes and crimes of the Nazi regime. Moreover, It was finally established in The genocide, and there are many they left nobody in any doubt over Hague, the Netherlands, in 2002, horrors that have gone unpunished who was responsible for starting but without the agreement of or unrecorded. It also seems the war. Crucially, though, the several nations, including the unlikely that the major powers Nuremberg trials reestablished the United States, China, Iraq, India, will ever allow themselves to importance of the rule of law and Israel, Libya, Qatar, and Yemen. come under the scrutiny of such set a precedent for dealing with To date, the Hague court has tried international courts and tribunals disputes by legal means rather than and convicted eight individuals, for their own crimes. And yet the resorting to arms. They were part as well as having acquitted four. principle of finding an international of the determination, along with legal solution for the punishment the creation of the United Nations, The Hague was also the location of war criminals seems firmly in to build a future world that would for the International Criminal place, with the three categories be governed by international Tribunal for the former Yugoslavia of crimes set up for Nuremberg— agreement rather than warfare. (ICTY), set up by the UN in 1993 to crimes against peace, war crimes, prosecute the serious war crimes and crimes against humanity— The legacy that had been committed during central to the pursuit of justice. ■ Robert H. Jackson, the leading judge the Yugoslav wars. The tribunal at the Nuremberg trials, argued that convicted more than 80 people, it was not the fate of the individual including former Serbian president Nazi leaders that was important Slobodan Miloševic´; Radovan but the affirmation of law as the Karadžic´, former president of the final arbiter. In 1948, the Genocide Republika Srpska; and Bosnian Convention outlawed genocide, and Serb commander Ratko Mladic´. the Universal Declaration of Human Rights was adopted by the United The legal principles set in motion at the Nuremberg trials have failed to protect people Peter von Hagenbach The first commanding officer of Charles the Bold, Duke of to be convicted of war crimes Burgundy—the first but by no was the Burgundian knight means the last time the defense Peter von Hagenbach. Born of acting under orders has been c. 1420, von Hagenbach was the used by war criminals. bailiff for the Upper Alsace region on what is now the French– This defense was rejected, German border. Between 1469 and von Hagenbach was and 1474, he led an uprising with beheaded in 1474 after being such brutality that a tribunal of convicted of murder, rape, and 28 judges from across the Holy perjury. Some modern scholars Roman Empire was called to try suggest it may have been just a him for crimes including murder show trial to discredit Charles and rape. He defended himself by the Bold, but there seems to be saying he was acting on the orders little doubt that von Hagenbach did conduct a reign of terror.

210 LGVAIEOWNLOSACTOIIDOFENHIUOSMFAATNHIETY THE GENOCIDE CONVENTION (1948) IN CONTEXT M ass killing has always was a crime committed by an been a tragic part of entire state, not an individual, so it FOCUS history. But genocide was crucial to find ways to identify International law reached a horrifying scale in World who should be held responsible. War II, as Germany murdered with BEFORE industrial efficiency some 6 million International law 1899 The first of the Hague Jews, as well as many Romany In 1946, the United Nations (UN) Conventions on the proper people and others in the Holocaust. passed a resolution recognizing conduct of warfare is issued. After the war, there was a strong genocide as a crime. The UN drive to reassert the rule of law in accepted the Convention on the 1915 The genocide of up to the face of these atrocities. To bring Prevention and Punishment of 1.5 million Armenians at the Nazi leaders to justice, the 1945 the Crime of Genocide (known as the hands of the Turks begins. Charter of the International Military Genocide Convention) 2 years later, Tribunal, setting out a framework for and it came into force in 1951. 1942 The Nazis agree on the the Nuremberg trials, identified the details of the Final Solution at charge of crimes against humanity. Much of the groundwork had the Wannsee Conference. been done by Dr. Raphael Lemkin, The Nazis’ crime was on such a who had escaped the Holocaust to AFTER scale that it needed an entirely new reach the US. In 1944, he published 1993 The UN sets up an structure to define it. Moreover, it his account of Nazi occupation, international criminal tribunal (ICTY) to investigate crimes Before the 20th century, mass killing of targeted groups of in the former Yugoslavia. people is not recognized as a crime in international law. 1995 An investigation by After the Holocaust, the In 1948, the UN adopts a UN international criminal Nuremberg trials expose a Convention to define, tribunal (ICTR) begins into the a need to define and prevent, and punish Rwandan genocide of 1994. name the crime, so guilty parties can be prosecuted. genocide. 2018 The UN warns that genocide remains “a threat and a reality,” citing atrocities against the Rohingya, Yazidi, Syrians, and others.

A NEW INTERNATIONAL ORDER 211 See also: The Declaration of the Rights of Man 118–119 ■ The Geneva Conventions 152–155 ■ The Hague Conventions 174–177 ■ The Nuremberg trials 202–209 ■ The Universal Declaration of Human Rights 222–229 Dr. Raphael Lemkin, a Polish-Jewish international lawyer, campaigned vigorously after World War II for international legislation on genocide. Axis Rule in Occupied Europe. calculated to bring about its physical Rape is no longer British prime minister Winston destruction in whole or in part; a trophy of war. Churchill had commented in a 1941 (d) imposing measures intended Navanethem Pillay BBC broadcast that, “We are in to prevent births within the group; the presence of a crime without a and (e) forcibly transferring children South African judge on the name.” Lemkin named it genocide. of the group to another group.” International Criminal Tribunal The Convention’s Article 2 The Convention was soon ratified for Rwanda (1995–2003) defines genocide as “any of the by 130 countries, but the US, despite following acts committed with intent early involvement, did not ratify until (ICTR) refined the definition of to destroy, in whole or in part, a 1988. The Convention has often faced genocide. In Rwanda’s case, it now national, ethnical, racial or religious obstacles, including the requirement included sexual violence and rape, group, as such: (a) killing members to prove intent. For example, Saddam after Hutus targeted Tutsi women of the group; (b) causing serious Hussein (Iraqi president, 1979–2003) for rape by HIV-infected men. The bodily or mental harm to members of claimed his assault on Iraqi Kurds, Yugoslavia tribunal meant targeting the group; (c) deliberately inflicting which killed many thousands in the even a small part of a group could on the group conditions of life 1980s, was an attempt to restore be a sign of genocidal intent. order. Campaigners argued that the Convention should include patterns While it continues to be refined, of actions that indicate purpose. the Genocide Convention has already been crucial in enabling the Early tribunals international community to bring The Genocide Convention was perpetrators of appalling crimes to first applied in the 1990s; the justice by fair and legal process. ■ international criminal tribunals for Yugoslavia (ICTY) and Rwanda Rwandan refugees fled in 1994 to Rwandan genocide thought to have failed badly. In camps in neighboring states, such the same year, the UN set up an as Zaïre, but thousands died from In just 3 months, between April investigative tribunal (ICTR) in diseases such as cholera. and July 1994, up to a million Arusha, Tanzania. The entire Rwandans were massacred. The process of investigation and killers used machetes, clubs, and trials took more than 20 years. other blunt objects. Many people were herded into buildings The trial of former Hutu that were doused with kerosene mayor Jean-Paul Akayesu set and set alight. Up to half a million the precedent for prosecuting women were raped. genocidal rape. Hutu diplomat Jean-Bosco Barayagwiza and The perpetrators were mainly government minister Ferdinand Hutu, from the Interahamwe Nahimana were convicted and Impuzamugambi youth of genocide and sentenced to militias, and most of the victims life imprisonment, reduced on were Tutsi. The response of the appeal. In total, 93 people were international community was put on trial, with 62 convicted.

WORLDTTHHE EARCBHEITTECTTSEORF THE UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE (1945)



214 THE UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE IN CONTEXT W hen the United Nations I believe at some future (UN) Charter was signed day, the nations of the FOCUS in San Francisco in Earth will agree on some International law June 1945, World War II still had sort of congress which 3 months to run, and the nations will take cognizance of BEFORE that came together wanted to international questions 1899 The International Peace prevent such a terrible conflict Conference at The Hague happening again. of difficulty. sets up the Permanent Court Ulysses S. Grant of Arbitration. The UN Charter contained two fundamental pledges: first, that it 18th US president (1869–1877) 1920 The League of Nations would rid the world of “the scourge sets up the Permanent Court of war”; and second, that it would other four targets: to protect human of International Justice (PCIJ). rebuild “faith in fundamental rights, deliver humanitarian aid, human rights.” The UN’s record in promote sustainable development, 1944 The International fulfilling those pledges has proved and uphold international law. The Monetary Fund and the World to be more checkered than hoped, UN also has a brief to strive to Bank are set up at Bretton but they remain core to its mission bring nations together to work Woods, New Hampshire. today—to preserve peace and toward these goals. human rights by international 1944 At Dumbarton Oaks, agreement and discussion and The beginning of international Washington, DC, the Allies to solve disputes between nations— cooperation lay in the Hague decide to establish the UN. and between nations and Conventions of 1899 and 1907. The individuals—by arbitration and Hague peace conferences were AFTER legal process, not force of arms. the first real attempts by nations 1948 The UN issues the to come together and set agreed Universal Declaration of International cooperation Human Rights. The UN’s most visible department is its international Peacekeeping 1992 The Earth Summit is Force, which aims to achieve the held by the UN in Rio de first of the UN’s five key targets— Janeiro, Brazil. maintaining international peace and security. But peace very much depends on the UN’s success in its Franklin D. Roosevelt Born in New York in 1882, pledged to jointly fight the Franklin D. Roosevelt won Axis powers of Germany, four consecutive terms as US Italy, and Japan. president. After first being elected in 1933, he is best known Plans to create a new for implementing the New Deal organization for international program of public works to lift the cooperation grew out of this US out of the Great Depression agreement. In April 1945, FDR (1929–1933). However, he was working on a speech he considered his most important planned to deliver at the UN work to have been laying the Conference on International foundations of the United Organization (UNCIO) when he Nations (UN). FDR drafted collapsed and died. The UNCIO, the text of the Declaration by which opened less than 2 weeks United Nations, which was after his death, agreed to signed by delegates from 26 establish the UN, and FDR’s nations in January 1942. It wife Eleanor later helped draft its Declaration of Human Rights.

A NEW INTERNATIONAL ORDER 215 See also: Vattel’s The Law of Nations 108 ■ The Hague Conventions 174–177 ■ The Treaty of Versailles 192–193 ■ The Universal Declaration of Human Rights 222–229 ■ The International Criminal Court 298–303 President Roosevelt talks with Prime Minister Churchill after they had signed the Atlantic Charter aboard the USS Augusta in the Atlantic Ocean on August 14, 1941. standards for what was acceptable of Belgium in 1914. World War I saw In the event, crucially, the United in war, what was not, and what many more violations, including States, which was still wedded to constituted a war crime. The ideas the widespread use of poison gas. its isolationist ideal, decided not that the Conventions embody to involve itself, and the League emerged originally from the Civil The League of Nations therefore had no power to enforce War, when in 1863 President When the mayhem of World War I its will. As British prime minister Abraham Lincoln issued the Lieber was over, some of the victorious David Lloyd George put it, “It had Code, laying out rules for the Allies came together in Paris in weak links spreading everywhere protection of civilians in wartime, 1919 determined that such a war and no grip anywhere.” When Nazi as well as what constituted a truce, should never happen again—that Germany built up its military and how spies and dissenters should be this should be “the war to end all invaded Austria, Czechoslovakia, treated, and more. wars.” The Paris Peace Conference and Poland, the League of Nations established the League of Nations was unable to stop Germany’s The UN’s roots with the avowed aim “to promote actions, triggering another world war. One of the key aims of the Hague international cooperation and Yet even as the League collapsed, Conventions was a system for to achieve peace and security.” Allied leaders were beginning to settling disputes between nations. The idea was to solve disputes think of a new organization that The 1899 conference saw the between countries before they might prevent a third conflagration. creation of the Permanent Court of erupted into open warfare. Arbitration, which began work in In August 1941, with the 1902 to resolve differences on issues World War I marked the end German–Italian Axis seemingly such as boundaries, sovereignty, and of the age of empire. Instead, the growing in power, US president human rights. The court sat in the victors wanted to build a world Franklin D. Roosevelt and UK prime specially built Peace Palace in The of independent nations coming minister Winston Churchill met to Hague, which now houses the together in open forums rather than frame what came to be called the International Criminal Court. through secret deals made behind Atlantic Charter, an affirmation “of closed doors, as had been the case certain common principles in the ❯❯ The Hague Conventions were in the 19th century. In this way, the soon disrupted when Germany victors hoped they could de-escalate A world government must broke the rules with its invasion tensions and disarm. be created which is able to solve conflicts between nations by judicial decision. Albert Einstein Toward World Government, 1948

216 THE UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE national policies of their respective times to come and to abandon the poem Childe Harold’s Pilgrimage. countries on which they based use of force. This pledge right at the As the war progressed, more their hopes for a better future for height of the war, with support from countries signed up to the the world.” Churchill and Roosevelt the US for the first time, was a great Declaration of United Nations, were soon joined by Russia and the inspiration for occupied countries. agreeing to the principles set out governments of occupied Europe: by the Atlantic Charter. By 1945, Belgium, Greece, the Netherlands, At a meeting in the White the total number had risen to Czechoslovakia, Luxembourg, House in December that year, just 47 nations. At a conference at Norway, Poland, Yugoslavia, and days after Japan’s attack on Pearl Dumbarton Oaks near Washington, representatives from France. Harbor, Roosevelt suggested to DC, in 1944, delegates from China, Churchill that the Allies call Russia, the US, and the UK worked Although the Atlantic Charter themselves the United Nations. through proposals to build an had no legal standing, it pledged Churchill agreed, noting that the organization to succeed the League cooperation to ensure peace in phrase came from Lord Byron’s The structure of the UN SECURITY COUNCIL PEACEKEEPING FORCE The Security Council makes decisions on the maintenance of international peace and security. It is the only body of the United Nations with the authority to issue binding resolutions Once a mission is approved to member states. There are five permanent members with the power of veto (China, Russia, by the Security Council, an France, the US, and the UK), and 10 nonpermanent members are elected for 2-year terms. operation is organized to help A veto from just one member of the permanent Security Council overrules everyone else. The war-torn countries create the Security Council controls the Peacekeeping Force and establishes international sanctions. conditions necessary for lasting peace. SECRETARIAT GENERAL ASSEMBLY ECOSOC The Secretariat comprises the The General Assembly’s primary role is to The Economic and Social secretary general and thousands discuss issues and make recommendations, Council is responsible for of UN staff who carry out the though it has no power to enforce its resolutions. coordinating the UN’s day-to-day work of the UN, The only body in which all 193 members have economic, environmental, as mandated by the General equal representation, it oversees the UN budget and social policies. Assembly and the United and appoints the secretary general. Nations’ other main organs. ICJ SPECIALIZED AGENCIES UN PROGRAMMES The International Court of Justice settles disputes Examples of agencies: Examples of programs: between states. It sits at FAO The Food and Agriculture UNDP The United Nations Development the Peace Palace in The Organization leads international Program helps countries eradicate poverty Hague (the Netherlands). efforts to beat hunger. and reduce inequalities. UNESCO The United Nations Educational, UNEP The United Nations Environment ICC Scientific, and Cultural Organization Program promotes the wise use and promotes collaboration in education, sustainable development of the environment. The International sciences, and culture. WFP The World Food Program aims to Criminal Court prosecutes WHO The World Health Organization eradicate hunger and malnutrition, feeding crimes against humanity. monitors public well-being. almost 80 million people every year. It is not part of the UN but cooperates and exchanges information with it.

A NEW INTERNATIONAL ORDER 217 of Nations that would maintain Peace is only secured if the major powers peace and security in the world. At are always involved in the process. the Yalta Conference in February 1945, Roosevelt, Churchill, and The major powers must have a permanent Russian premier Joseph Stalin place in the United Nations Security Council. agreed to the establishment of the United Nations and affirmed that The UN has had some success in it would meet for the first time in maintaining international peace. San Francisco in April. A veto option means powers don’t have to act against The UN inherited several their will, which reduces the risk of conflict. structures from the League of Nations, including the Secretariat, Disarmament and International amendment to the UN Charter the departments led by the UN Security (also known as the First in 1965 added a further four secretary general that would Committee); Economic and nonpermanent members, boosting carry out the organization’s basic Financial; Social, Humanitarian, membership of the Security administration. But there were and Cultural; Special Political and Council to 15. two crucial additions: the General Decolonization; Administrative Assembly and the Security Council. and Budgetary; and Legal. Generally speaking, the nonpermanent members are The General Assembly The Security Council selected in a bid to represent the Although it has no actual power, In many ways, the real power of different geographic regions fairly, the General Assembly is the UN’s the UN lies with the Security with five members coming from parliament, where members meet Council. The original idea behind Africa or Asia, one from Eastern to discuss important issues and the Security Council was that the Europe, two from Latin America, make recommendations, so it has “big four” powers—the United and two from western Europe or considerable influence. Each of the States, Britain, the Soviet Union other areas. The membership 193 members is represented and (USSR), and China, later joined by continually rotates, with five of the has one vote. There are also France—would be permanent 10 nonpermanent members being nonmembers such as the Vatican members and steer all major elected each year by the General and Palestine, which can participate decisions. Initially, they were joined Assembly for 2-year terms, and but have only observer status. by six nonpermanent members, with five retiring. The presidency is each serving for 2 years. An also rotated, each member standing Most ordinary decisions depend for 1 month at a time. ❯❯ on a simple majority vote. But some—such as the admission of new members, budgetary matters, and peace and security issues— require a two-thirds majority. Because of the assembly’s large size, voting often tends to be in blocs—five groups of member states that are put together on a regional and geopolitical basis. The General Assembly meets once a year and also has special sessions, such as electing a new president for the year from each bloc. The main session opens each year with a general debate, where members can raise concerns. But most of the assembly’s work is done in the six committees:

218 THE UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE Each member has one vote, and it the Security Council’s membership. There is no alternative to takes nine votes to decide a policy. In particular, the dominance of the UN. It is still the last All members are obliged to abide the five original permanent best hope of humanity. by the council’s rulings, but there members, the P5, is seen as is a crucial exception. At Yalta, outmoded, reflecting the global Kofi Annan Stalin insisted that each of the five politics of 1945 rather than today. permanent members had the power Other countries, such as Brazil, UN secretary general (1997–2006) of veto. Roosevelt was reluctant to Germany, India, and Japan (the accept this at first, but it did fix a so-called G4), have campaigned to defense. Over the decades, these fatal flaw of the League of Nations, be given permanent membership. ad hoc international forces became which could theoretically order its more fully established, especially members to act in defiance of their Peacekeeping after 1992, when the United Nations own governments. The Security Council’s principal Department of Peacekeeping task is to maintain international Operations (DPO) was set up. The veto remains a bone of peace. While it has achieved Now they are a key part of the contention. In the 1950s and some success, most notably in UN, but there is no standing ’60s, the US had so much global El Salvador and Mozambique, army or permanent structure; the influence that it never had to use its efforts to keep peace in Syria peacekeeping force is assembled the veto, but council decisions have been a conspicuous failure. afresh for each mission. were continually blocked by the USSR, especially Andrei Gromyko, The creators of the UN realized The Court of Justice whose frequent vetoes earned that, without any armed forces, the One of the key bodies carried him the nickname Mr. Nyet (Mr. No). League of Nations was unable to over to the UN from the League of More recently, the US has used intervene effectively to keep the Nations was the Permanent Court its veto to block any resolutions peace even in minor disputes. of International Justice. The PCIJ’s on the Israeli–Palestinian conflict. Consequently, the Security Council UN successor, the International There has been much criticism of was quick to set up multinational Court of Justice (ICJ, or World Court) peacekeeping forces. The first was was set up in San Francisco in Armored UN vehicles accompany deployed to oversee the ceasefire 1945. Unlike the UN, which had to Congolese people fleeing from Kibumba during the 1948 Arab–Israeli War find a new home in New York, the Internally Displaced Persons camp in Palestine. They were intended ICJ already had one at The Hague, following an outbreak of violence in to act as police forces, only ever in the Netherlands. 2008 between rival political factions. responding with weapons in self- The ICJ’s purpose is to settle disputes between nation-states, but cases can only go ahead when the states involved consent to the Court having jurisdiction to consider the dispute. After the ICJ ruled in 1986 that the United States’ covert war against Nicaragua was a violation of international law, the US withdrew its consent and agreed only to recognize the Court’s

A NEW INTERNATIONAL ORDER 219 jurisdiction on a discretionary basis. Swedish schoolgirl Greta Thunberg The Security Council is authorized has made headline news all over by the UN Charter to enforce the the world with her no-nonsense Court’s rulings, but any of the P5 environmental activism voiced can veto such a move, which is at high-profile UN events. what the US did over Nicaragua. to control arms. But any such vision In 2002, an International Criminal rapidly evaporated in the postwar Court was established to work descent into a new “Cold War” with the ICJ to try individuals, not between the USSR, driven by nations, for crimes such as genocide. Lenin’s vision of the Bolshevik World State, and the US-led One world? world government. The horror of West, which believed in a world Through the ages, countless great the atomic bombs dropped on the dominated by democratic nation- thinkers—such as 16th-century Japanese cities of Hiroshima and states and global capitalism. Spanish philosopher Francisco Nagasaki in 1945 gave further de Vitoria—have wondered if all impetus to the idea of a world The UN became accepted as problems might be solved if there government. German physicist the best compromise. In many was just one government for the Albert Einstein was one of the ways, it turned out to be more of a entire world. The logic is simple: many high-profile campaigners success than commentators had wars seem to be fought at the who were deeply disturbed by feared, and it has provided a forum behest of governments and rulers, so the unprecedented destructive that has given a voice to a lot of if there was just a single government power of nuclear weapons. rising nations. Yet in the 21st or ruler, there would be no wars. century, it seems unable to deal More and more people began with conflicts in the Middle East, In 1943, one-time US presidential to call for the new United Nations to global terrorism, refugees, and candidate Wendell Willkie wrote be transformed into a universal trafficking. Additionally, as teenage the bestselling book One World, federation of states with the power climate activist Greta Thunberg in which he proposed a global so powerfully pointed out in her federation. In 1945, in The Anatomy address to the General Assembly of Peace, Hungarian Emery Reves in 2019, the UN appears toothless in argued that an association of states the face of the biggest crisis of all: such as the United Nations could global climate change and its never prevent war and that it should impact on all of humanity. ■ therefore be replaced by a federal The UN Convention on the Rights of the Child The 1989 Convention sets out One of the major successes of the Convention insists every child a child’s rights, including those United Nations is in relation to must have basic human rights, concerning child labor—such as at human rights. Over the decades, including the right to life; to this open-cast mine in Jharia, India. a comprehensive body of human their own name and identity; to rights law has been set up to act an education that enables them as a benchmark for people seeking to fulfill their potential; to be to protect rights, including civil, raised by or have a relationship cultural, economic, political, and with their parents; and to social rights. express their opinions and be listened to. Under two special A landmark achievement was protocols, it also prohibits the UN Convention on the Rights the involvement of children of the Child, which was adopted in in warfare, the trafficking of 1989. Every signatory must report children, child prostitution, regularly to the UN committee on and child pornography. their progress in this area. The

220 A SAFER WORLD INTERPOL (1945) IN CONTEXT B ased in Lyon, France, an American bank robber who had INTERPOL is an moved to Europe and established a FOCUS international organization crime network in London and Paris. Law enforcement with a brief to coordinate efforts by different nations’ police forces The first concerted effort to BEFORE to fight crime that crosses national formally establish a degree of police 1870s The American detective borders. Its work has become cooperation across borders came agency Pinkerton begins to especially significant in tackling in 1914, when delegates from 24 share information with British the drug trade, sex trafficking, and countries met in Monaco. They and French police forces. terrorism. It also has important wanted to pool identification day-to-day tasks such as notifying techniques and work out how 1910 Murderer Dr. Hawley relatives of deaths abroad. to catch fugitives. Although the Crippen flees Britain on a ship Monaco Congress may have but is arrested in Canada after Foreign getaways been limited in its achievements an incriminating telegram is The idea of international law- because it was arranged between forwarded to British authorities enforcement cooperation began legal experts and politicians, not by the ship’s captain. in the mid-19th century. In the 1850s, Prussian detectives, with 1914 The first International British support, kept tabs on Criminal Police Congress German philosopher and socialist is held in Monaco. revolutionary Karl Marx in London. In the 1870s, the Pinkerton 1923 The International detective agency in the United Criminal Police Commission States shared information with (ICPC) is set up in Vienna. Britain’s Scotland Yard and France’s Sûreté—all three agencies AFTER were eager to catch Adam Worth, 1946 INTERPOL introduces its color notices, including red The 1898 assassination of Empress for murder suspects and yellow Elisabeth of Austria was one of several for missing persons. crimes that underscored the need for international police cooperation. She 2000 Automated fingerprint was stabbed by Italian anarchist Luigi matching is introduced. Lucheni while in Geneva, Switzerland.

A NEW INTERNATIONAL ORDER 221 See also: The Metropolitan Police Act 140–143 ■ The United Nations and International Court of Justice 212–219 ■ The European Convention on Human Rights 230–233 ■ The European Court of Justice 234–241 Our collective goal annexed Austria in 1938, most In 1975, European police forces must be to turn corruption countries withdrew from the ICPC boosted their cooperation to combat and it became dominated by terrorism with the TREVI group. into a high-risk, high-ranking SS officers. Its (This French acronym stands for low-profit activity. headquarters moved from Vienna “terrorism, radicalism, extremism, Jürgen Stock to Berlin in 1942, where it was used and international violence.”) When by the Gestapo to target Jews, the Schengen agreements allowed INTERPOL secretary general, 2016 gypsies, and other minorities. freedom of movement between signatory countries, European police police professionals, it set out 12 INTERPOL and Europol forces began to work even more key wishes that would later help After World War II, police officials closely, and in 1992, the European lay the groundwork for the creation from 17 countries met to revive the Police Office (Europol) was set up of INTERPOL. organization, which was tainted in The Hague. Originally intended by Nazism and had lost most of its as a drug unit, it has expanded its The ICPC records. It moved to Paris in 1946 brief, particularly toward organized Progress was interrupted by World and started from scratch: Article 1 crime that crosses national borders, War I, but police officials from 15 of its new constitution stressed including human trafficking, money countries met at the International fighting “ordinary” crime, aiming to laundering, and child exploitation. Criminal Police Congress in Vienna exclude any offenses with a political, in 1923. This conference set up religious, or racial basis. The name Many countries fiercely guard the International Criminal Police INTERPOL was adopted in 1956. their borders and their own way of Commission (ICPC) to implement While it has no policing power in dealing with offenders. INTERPOL’s the 12 wishes, but cross-border any participating countries, its powers remain limited, and cooperation on identification of work to provide investigative extraditions (sending citizens criminals was at its heart. Original support and aid cooperation to another country to face trial) members included Austria, between law enforcement agencies are often the subject of disputes. Germany, Belgium, China, France, has helped raise membership to But the principle of cooperation Italy, and Yugoslavia. The UK joined 194 by the early 21st century. between police forces worldwide in 1928, but the US did not join for is now widely accepted. ■ another 15 years. Categories of crime pursued by INTERPOL In 1933, the ICPC was officially recognized by the League of Terrorism and Economic, Illegal drugs Nations. But by this time, politics crimes against financial, and and criminal was already influencing who was people and property computer crimes organizations targeted as international criminals Includes crimes against Includes banking fraud, Includes offenses carried by the ICPC. For example, during children, human trafficking, money laundering, out by international drug the first half of the 1930s, many terrorist plots, illegal corruption, counterfeiting, cartels, the Mafia, and nations in the West thought immigration, automobile and fraud involving terrorist organizations. that the chief fight was against theft, and art theft. travel documents. communists. When Nazi Germany

L AWBALELFAORREEE TUHAEL THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)



224 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN CONTEXT At the formation of the United Nations (UN) in 1945, protecting human rights is cited as one of FOCUS Human rights the organization’s main objectives. To define what human rights are, BEFORE the UN Commission on Human Rights drafts 1776 The US Declaration of Independence articulates a Declaration of Rights. “certain unalienable Rights.” The UN General Assembly votes on 1789 The Declaration of the the Universal Declaration of Human Rights of Man and of the Citizen is adopted by the National Rights in 1948. Constituent Assembly of revolutionary France. The Declaration—along with the International Covenant on Civil and Political AFTER Rights and the International Covenant on Economic, 1950 The European Social, and Cultural Rights—makes up the Convention on Human Rights (ECHR) is drafted. International Bill of Human Rights in 1966. 1965 The International Convention on the Elimination of All Forms of Racial Discrimination is adopted by the United Nations (UN). 1979 The Convention on the Elimination of All Forms of Discrimination Against Women is opened for signature. P rior to 1948’s Universal people in the late 18th and early included the Geneva Conventions Declaration of Human 19th centuries were important in of 1864, 1906, and 1929, and the Rights (UDHR), there creating the idea that everyone was Hague Conventions of 1899 and was no general statement in entitled to a basic standard of fair 1907. Although the two categories international law on what treatment. In the aftermath of World of law share concerns about the protections people were entitled War I, the Treaty of Versailles and treatment of people, today they to by virtue of simply being human. the establishment of the League of are separate branches of law. At the end of the 18th century, the Nations made further contributions French and American Revolutions through recognizing the idea of The UDHR was the most fought against the established minority rights. significant moment in the creation institutions of power and, inspired of human rights as a form of by works such as Thomas Paine’s It is worth pointing out here international law. By 2020, it had Rights of Man in 1791, began to that human rights law should not been translated into 523 languages advance the idea of human rights. be confused with humanitarian and, while not legally binding, it The 1807 abolition of the slave law, which focuses on the conduct was to reshape international law. trade in the British Empire and of warfare and the treatment of It set out a series of protections advances in the rights of working civilians. Before World War II, major that all countries ought to provide international humanitarian treaties for their citizens. It was a key factor

A NEW INTERNATIONAL ORDER 225 See also: The US Constitution and Bill of Rights 110–117 ■ The United Nations and International Court of Justice 212–219 ■ The European Convention on Human Rights 230–233 ■ The International Covenant on Civil and Political Rights 256–257 in the creation of human rights Nations, which was drafted by Eleanor Roosevelt treaties, including the International Roosevelt and UK prime minister Covenant on Civil and Political Winston Churchill. In 1944, at Born in New York City in 1884, Rights (ICCPR) and the International the Dumbarton Oaks conference Anna Eleanor Roosevelt was Covenant on Economic, Social, and in Washington, DC—which set the first lady of the US for the Cultural Rights (ICESCR), both out the framework for the creation of four terms that her husband signed in 1966. The UDHR also the United Nations (UN)—human Franklin Delano Roosevelt influenced many international and rights were mentioned without any (FDR) was in office as US regional organizations and has real definition of what these would president, from 1933 to 1945. been cited in countless political mean. But when the Charter of She lobbied for human rights campaigns around the world. the United Nations was signed in around the world during 1945, it contained several specific the 1940s and 1950s and Origins of the UDHR references to human rights. For campaigned against poverty In 1941, in the midst of World example, Article 1 of the Charter and racism in the US, as well War II, US president Franklin said that one of the UN’s key as chairing the committee D. Roosevelt’s “Four Freedoms” functions was “promoting and that drafted the UDHR. speech set out the idea that every encouraging respect for human human being was entitled to rights and for fundamental freedoms The niece of President freedom of speech and religion, as for all without distinction as to Theodore (“Teddy”) Roosevelt, well as freedom from fear and want. race, sex, language, or religion.” Eleanor married her fifth The idea that the postwar world cousin Franklin in 1905 and should be founded on the promotion The UN’s Economic and Social persuaded him to stay in of human rights was contained in Council set up the Commission politics after he was disabled the 1942 Declaration by United on Human Rights in 1946. Its first by polio in 1921. She often meeting, in February 1947, was gave campaign speeches and World War II created millions of attended by representatives of traveled around the US on refugees like these Jewish survivors 15 nations and was tasked with his behalf. Eleanor remained of Nazi persecution in 1945. Globally, producing a bill of rights. The active in politics after her there were almost 71 million refugees drafting committee of nine husband’s death in 1945. in 2019, the highest number ever. was drawn from those nations She died in 1962 and was and reflected a diverse range ❯❯ posthumously among the first group of winners of the UN human rights prize 6 years later for her work on human rights and women’s rights.

226 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS of backgrounds and expertise. Among the nine were René Cassin, The 30 provisions of the UDHR a French lawyer who had fled the Nazis; Charles Habib Malik, a 1: All humans are born free and equal. Lebanese philosopher; Peng Chung 2: Everybody is entitled to rights without discrimination. Chang, a Chinese academic; 3: All people have the right to life, liberty, and safety. Hernán Santa Cruz, a judge from 4: No one should be kept as a slave or in servitude. Chile; and Charles Dukes, a British 5: There should be no torture or other inhuman treatment. trade unionist. It was chaired 6: Everyone has the right to be recognized as a person in law. by Roosevelt’s widow, Eleanor. 7: The law should be the same for everybody. The final draft of the UDHR was 8: Everyone may access legal help to protect their rights. completed in 1948. On December 10 9: No one can arrest or exile anyone without good reason. that year, the UN General Assembly 10: People have the right to a fair, impartial public trial. sitting in Paris (the UN’s New York 11: Everyone is innocent until they are proved guilty. headquarters was not yet built) 12: No one should attack a person’s privacy or reputation. voted on resolution 217, entitled “the 13: People have freedom of movement in their own country. International Bill of Human Rights.” 14: Everyone has the right to seek asylum abroad. The resolution was passed with 48 15: We all have the right to a nationality. states voting in favor, none voting 16: Men and women can marry and have children. against, and eight choosing to 17: All people have the right to own property. abstain, including South Africa 18: Freedom of thought is everybody’s right. (see box, right). Every year, World 19: People should have freedom of opinion and expression. Human Rights Day is marked 20: Everyone has the right to freedom of peaceful assembly. around the globe on December 10. 21: Government authority should be based on free elections. 22: State social security should be provided when needed. A declaration of principles 23: All people have a right to work and to fair pay. The UDHR is not a legal document 24: Everyone should get leisure time, including paid holidays. and, unlike a treaty, countries are 25: Adequate food and shelter are a basic human right. not obliged to follow its terms as a 26: Access to education is everyone’s right. matter of international law. Rather, it 27: We should be able to protect our artistic creations. is a declaration of principles about 28: All these freedoms should be available worldwide. what rights ought to be protected 29: We have a duty to protect other people’s rights. globally. The UDHR was a response 30: No state or persons can take away these rights. to the tragedy of World War II, during which, as the Declaration states, “disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind.” In this respect, the advocacy of human rights also has the practical purpose of promoting peace between nations: as the UDHR’s preamble notes, this helps support “the development of friendly relations between nations.” Human rights are also justified as being universal on the grounds of natural law, which the ancient Greek philosopher Aristotle explained as a body of unchanging

A NEW INTERNATIONAL ORDER 227 Apartheid and international human rights This apartheid-era sign on a A National Party government drafting of the 1965 Convention bench in Cape Town, South Africa, came to power in South Africa on the Elimination of All Forms is a poignant reminder of the racial in 1948, pledging to establish of Racial Discrimination. During segregation that existed in every apartheid (“separateness”) laws in the 1970s, the issue of apartheid public place in apartheid South Africa. the country. The same year, South in South Africa regularly came Africa abstained in the UDHR vote before the UN Commission because Article 2 explicitly stated on Human Rights and the UN that everyone is entitled to all of General Assembly. Eventually, its rights, regardless of race. In the president F. W. de Klerk was years that followed, South Africa compelled by a combination of enacted laws, such as the 1950 trade and cultural sanctions and Population Registration Act, that internal opposition to release explicitly discriminated against African National Congress people on the basis of their race. leader Nelson Mandela from prison in 1990. And between After decolonization in the then and 1994, the government 1960s, newly independent African scrapped the apartheid laws. and Asian states spearheaded the moral principles independent of Germany but also highly skeptical rights governing the way a person the laws of any nation. The UDHR of the UDHR, succinctly summed is treated by courts and criminal preamble states that human rights this up when she wrote, “The justice systems. The UDHR also are necessary to protect “the right to have rights, or the right includes the right to own property dignity and worth of the human of every individual to belong to (in Article 17), the right to an person.” Article 2 of the UDHR humanity, should be guaranteed education (Article 26), and the right makes this concrete, stating that by humanity itself.” Some other to seek political asylum (Article 14). “everyone is entitled to all the rights provisions in the UDHR also aimed and freedoms set forth in this to protect the right to have rights. Indivisibility Declaration without distinction Article 28 talks about “entitlement Many analysts distinguish between of any kind.” to a social and international order first- and second-generation human in which the rights and freedoms rights. The former relate to liberty In 1949, Hannah Arendt, a set forth in this Declaration can and political expression. Sometimes German-American philosopher be fully realized,” while Article 30 called natural rights, they include and political theorist, and herself makes it clear that no states or the rights to life, freedom of speech, ❯❯ a stateless refugee from Nazi individuals should engage in activities aimed at the destruction To deny people their human of any of the rights and freedoms rights is to challenge their set out in the Declaration. very humanity. Article 3 states that everyone Nelson Mandela has the right to life, liberty, and security of person, while Articles Address to the Joint Session of the 4 and 5 focus on the prohibition US House of Congress, 1990 of slavery and torture respectively. Articles 6 to 11 concern legal Article 9 states that “no one should be subject to arbitrary arrest or detention,” such as dissidents who are locked up in psychiatric hospitals—as many were in the Soviet Union (USSR).

228 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS and a fair trial. They are covered by delegates in the Commission, led by American medical students protest Articles 3–21 of the UDHR and the representative from the United against the repeal of the Affordable prohibit state interference in the States, supported the creation of Care Act (2010), which made health freedoms of an individual. two separate human rights treaties insurance more affordable, insisting in 1966: the International Covenant that healthcare is a human right. Second-generation rights largely on Civil and Political Rights tend to deal with economic and (ICCPR), which had been ratified and social rights not being treated social rights, such as the right to by 173 countries as of 2020; and seriously enough in international food, housing, and healthcare. They the International Covenant on human rights law. are covered by Articles 22–28 of Economic, Social, and Cultural the UDHR. These rights impose Rights (ICESCR), which had 170 Relativism and rights upon governments a duty to state parties by 2020. The UDHR was drafted at a time promote them—but whether when large parts of Africa and Asia they are enacted depends on The UDHR had treated these were still under colonial rule. The the availability of resources. rights as equally important, but UDHR drafting committee was there were some major differences careful to recognize the different Third-generation human rights between the two. Article 2 of the cultural and political traditions of go beyond basic civil and social ICCPR requires signatories to rights. Yet, in 1947, the American rights and include the right to a “take the necessary steps” in Anthropological Association healthy environment and the right order to “adopt such laws or other warned about the UDHR’s alleged to participate in cultural heritage. measures as may be necessary to “intolerance” of cultural differences They are not yet included in the give effect to the rights” protected and questioned whether it was UDHR. Neither, explicitly, are the in the treaty and to ensure that even possible to come up with right not to fight and the abolition remedies are available for violations a truly universal declaration of of the death penalty. of those rights. human rights. Some observers criticize the In contrast, the ICESCR only Saudi Arabia was one of the distinction between first- and requires countries to use its eight nations that abstained in second-generation rights as “available resources, with a view the UDHR vote in 1948. It was academic: all rights require state to achieving progressively the full concerned about the references to commitment (whether funding realization of the rights” contained religious freedom in the Declaration, criminal courts or health clinics) in the treaty. This is generally which it felt was incompatible with and should be seen as universal, considered to be a weaker legal Saudi society because of its strict interdependent, and indivisible. requirement, and some observers adherence to Islam and Sharia law. see it as evidence of economic Bill of Human Rights When the UN Commission on Human Rights came to turn the UDHR into international law, some We cannot let cultural relativism become the last refuge of repression. Warren Christopher US secretary of state (1993–1997)

A NEW INTERNATIONAL ORDER 229 At the First International Conference The UDHR was the starting point Let us remember our roots as on Human Rights in Tehran in 1968, for many other human rights one human family, forever some countries questioned whether instruments that applied and dedicated to upholding the the idea of human rights was extended the principles contained inapplicable to societies in Africa, in the Declaration. In 1976, for central tenets of the Universal Asia, and the Middle East. At 1993’s example, the UN Commission on Declaration of Human Rights. Second World Conference on Human Human Rights set about drafting Rights in Vienna, the conference’s a treaty on women’s rights, which Barack Obama declaration and program of action became the 1979 Convention on cautioned that “the significance of the Elimination of all forms of 44th US president (2009–2017) national and regional particularities Discrimination Against Women and diverse historical, cultural, and (CEDAW). The preamble to this assistance” before going on to religious backgrounds must be Convention noted that “the outline a specific legal framework borne in mind” when promoting Universal Declaration of Human for protecting their human rights. and protecting human rights. Rights affirms the principle of the inadmissibility of discrimination The African Charter on Human This has led to concerns that against women,” but went on to and People’s Rights (1981)—a relativism could undermine human note that despite this, “extensive regional human rights treaty for rights by allowing countries to claim discrimination against women countries who are members of that their own traditions supersede continues to exist.” This was an the African Union—stated in its all human rights claims. Some acknowledgment that the UDHR preamble that the Charter sought scholars, such as Abdullahi Ahmed needed to be set within a new to build on the UDHR with the An-Na’im, a Sudanese-American legal framework to deal with the “historical tradition and the values expert on Islamic law and human complex nature of discrimination of African civilization.” rights, have identified how rights against women. such as the prohibition on torture have their origins in many different Similarly, in 1989, the UN cultural and religious traditions Convention on the Rights of the around the world and argue it is Child (UNCRC) noted that the wrong to dismiss human rights UDHR had proclaimed that children as simply a Western idea. were entitled to “special care and Future challenges For more than 70 years, the UDHR has been used by a wide variety of movements to help define their claims to basic human rights. Campaigners argue that to keep pace with a rapidly changing world, its scope needs to be extended. The right to a healthy environment and free internet access are just two such areas. The UDHR has achieved much, yet many millions are still denied their basic rights. ■ To mark the 70th anniversary of the UDHR, Chinese artist and activist Ai Weiwei designed a new flag, which depicts a footprint—symbolizing all those who have been forced to flee, often barefoot.

230 IN CONTEXT LSTIHEBCEEURRRTIGIYTHYATNTDO FOCUS Human rights THE EUROPEAN CONVENTION ON HUMAN RIGHTS (1950) BEFORE 1945 Europe is devastated after World War II. No court exists to protect human rights anywhere in the world. 1948 The UN issues the Universal Declaration of Human Rights. AFTER 1960 The European Court of Human Rights (ECtHR) delivers its first judgment, in the case of Lawless v. Ireland, which involves the detention of a terrorist suspect. 1998 Protocol No. 11 compels all member countries to let individuals access the ECtHR. 2017 The ECtHR delivers its 20,000th judgment. T he European Convention on Human Rights (ECHR) is a treaty on human rights between the 47 member states of the Council of Europe—not to be confused with the entirely separate European Union (EU). The ECHR was rooted in western Europe’s resolve to rebuild after World War II and to protect itself against the rise of communism in Eastern Europe. In 1948, 750 delegates at the Congress of Europe studied ideas for uniting and legally integrating Europe. When the newly formed Council of Europe met in 1949, its focus had become more modest in scope: the creation of a human rights treaty that, by protecting

A NEW INTERNATIONAL ORDER 231 See also: The Glorious Revolution and the English Bill of Rights 102–103 ■ The US Constitution and Bill of Rights 110–117 ■ The Universal Declaration of Human Rights 222–229 ■ The International Covenant on Civil and Political Rights 256–257 You are living in the territory of a country that has signed the European Convention on Human Rights. You are a victim of a human rights abuse because a government has denied you a Convention right. Former British prime minister Some nations did not understand You have tried to Winston Churchill was the honorary how such a court would work, resolve your complaint president of the Congress of Europe at while others were more concerned The Hague, in the Netherlands, in 1948. about the scope of its powers. in your own country without success. democracy, could be used to guard The final text of the Convention Your complaint is the region against communism was completed in 1950. It opened and totalitarianism. for signature in the same year and of a sort that has not came into force in 1953, after being previously been resolved The 10 founding states of the ratified by the Council of Europe’s 10 Council of Europe were Belgium, founding states; other states signed by the European Court of Denmark, France, Ireland, Italy, the up over the next 50 years. Once a Human Rights. Netherlands, Luxembourg, Norway, sufficient number of member states Sweden, and the UK. Delegates had ratified the ECHR, the European You are eligible debated issues such as whether Court of Human Rights (ECtHR) was to have your case the emergency powers within the set up in Strasbourg, France. The new Convention might be used to Court consists of a lower court and heard in the abuse human rights. Britain and an appeals chamber, and it heard European Court of France also worried that some its first case in 1959. independence movements in their Human Rights. respective colonies might use the When states sign up to the Convention against them. Convention, they must, under Article 1, protect the Convention There was much debate about rights for everyone in their country whether to create a court to enforce or otherwise under their control. If the new human rights convention. they do not, a person living in that ❯❯

232 THE EUROPEAN CONVENTION ON HUMAN RIGHTS signatory state who suffers a rights however, the original Convention The European Court violation, or the government of has been repeatedly updated. Some of Human Rights … another signatory state, can take amendments, known as Protocols, exerts a profound influence the offending state to the ECtHR. concern procedure—for example, on the laws and social in 1998, Protocol No. 11 required The Convention rights all ECHR signatory states to allow realities of its Inspired in part by the 1948 UN cases to go to the ECtHR. Other member states. Declaration of Human Rights, protocols added new rights, such as Dame Rosalyn Higgins Articles 2–13 of Europe’s 1950 the rights to property and education, Convention list 12 substantive laid down in Protocol in 1954. British president, International human rights that every individual Court of Justice (2006–2009) is entitled to expect from their Interpreting rights government (see below). Each set Some rights are absolute under the murder. So Article 2 allowed a of rights is often referred to by its Convention. Article 3 rights, which person to be intentionally killed by Convention article; for example, prohibit torture, cannot be limited “sentence of a court following his the prohibition of slavery is called by governments or be suspended in conviction of a crime for which this “Article 4 rights.” Other articles an emergency. In 2006, the ECtHR penalty is provided by law.” In 1983, cover procedural mechanisms, blocked the Italian government from however, the death penalty was such as derogations and permitted deporting Nassim Saadi on grounds abolished by Protocol. restrictions in the application of of his suspected ties to terrorist Convention rights. groups, because he was held to be The right to life often sparked a at risk of torture in Tunisia. debate about whether there should In 1959, when the ECtHR was be a right to die, with terminally set up, signatory nations could Other articles qualify some ill people being offered assisted choose whether or not to accept the rights. In the 1950s, most nations suicide. Recognizing that cultures Court’s jurisdiction. Over the years, still retained the death penalty for and practices vary across Europe, the ECtHR has been careful to Key rights in the 1950 Convention say that such questions are best dealt with by national courts. Article 2: The right to life The second paragraph of Article 3: Freedom from torture and degrading treatment Article 10 (freedom of expression, conscience, and opinion) sets out Article 4: Freedom from slavery and forced labor where a government may limit the right to free speech. The Article 5: The right to liberty and security of person ECtHR’s task is to assess whether any government limitations are Article 6: The right to a fair trial justified. In 1997, Swiss journalist Martin Stoll had published Article 7: The right to no punishment outside the law correspondence from confidential Swiss–US negotiations on the Article 8: The right to privacy and family life reparations to Holocaust victims from banks used by Nazis in Article 9: Freedom of thought and religion World War II. The Swiss authorities convicted and fined Stoll. In 2007, Article 10: Freedom of expression, conscience, and opinion Article 11: The right to peaceful assembly and to join trade unions Article 12: The right to marry Article 13: The right to effective remedy to rights violations

A NEW INTERNATIONAL ORDER 233 the judgment was criticized for being too deferential to the French government’s policy of secularism and not protecting the rights of the women affected by the ban. Migrants’ rights to liberty and family that Article 3 of the Convention Advancing human rights life have been upheld in cases judged placed a responsibility on London’s The Council of Europe is the body by the European Court of Human police to investigate and attempt to responsible for applying political Rights, but not all governments agree. prevent sex crimes. pressure on countries to implement ECtHR decisions. Most states in Stoll v. Switzerland, the ECtHR Controversial decisions comply, even with decisions that found that the fine, although it The right to participate in elections, they lose, but in the mid-2010s, had restricted Stoll’s right to free as set out in 1954 in Article 3 of concerns arose about long-term expression, was justified in order Protocol No. 1, has been interpreted noncompliance with some decisions. to protect confidential negotiations. by the ECtHR as not allowing Only one state has formally left the countries to completely ban their Convention—Greece, in the late Some rights, such as Articles 5 prisoners from voting. This has 1960s after a military coup, though and 6, affect a person’s interaction proved controversial in some it later rejoined after the restoration with state courts and criminal countries; the UK and Russia both of democracy. In 2015, Russia justice systems. Article 2, the right strongly objected to this decision. passed a law allowing its own to life, has also been interpreted as courts to ignore ECtHR decisions. requiring countries to ensure their Some rights in the Convention police forces investigate suspicious protect personal interests, such Despite these setbacks, the deaths. After British Special Forces as the rights to privacy (Article 8) decisions of the European Court of (SAS) killed three suspected IRA and religious freedom (Article 9). In Human Rights are still cited around terrorists in Gibraltar in 1988, the 2011, France banned the wearing of the world and have been important ECtHR in 1995 criticized the British face coverings, including the burqa in advancing human rights issues, investigation into their deaths as and other religious attire, anywhere from abolition of the death penalty being flawed and secretive. in public. In the 2014 case S.A.S. v. to protection of LGBTQ rights. ■ France, the ECtHR ruled that the Article 3, amended in 2008, ban had not violated Article 9, but now requires police forces actively to prevent certain types of crimes Amal Clooney, an international involving inhuman or degrading human rights lawyer, successfully treatment. In 2018, victims of the represented the Republic of Armenia serial sex offender known as the in a 2015 ECtHR case about a denial “black cab rapist” successfully of Armenian genocide. argued at the UK Supreme Court

POWERUANCPOAURRATLLWELITEHD THE EUROPEAN COURT OF JUSTICE (1952)



236 THE EUROPEAN COURT OF JUSTICE IN CONTEXT The European Parliament and the Council of the European Union adopt new EU legislation. FOCUS International law The European Court of Justice (ECJ) interprets the legislation and advises the national courts of member states how to apply it. BEFORE 1693 William Penn advocates The ECJ enforces the legislation if national courts are not a European parliament. complying with it. It can impose fines for noncompliance. 1806 Napoleon Bonaparte The ECJ can also take action against the proposes a customs union EU Parliament, Council, or Commission for mainland Europe. on behalf of member states. 1927 French mathematician Émile Borel establishes the many others had the same dream— regard to the Air Quality Directive. French Committee for including Czar Alexander I of The Council of Europe (CoE) was European Cooperation. Russia when the Napoleonic Wars set up in 1949, when representatives engulfed Europe in 1803–1815. In of 10 countries—France, Italy, the AFTER 1946—after two world wars had Netherlands, Belgium, Luxembourg, 1957 The Treaty of Rome torn Europe apart, convincing Denmark, Norway, Sweden, Ireland, creates the European many that only a unified Europe and the UK—met in London to Economic Community. could guarantee peace—former establish a forum for dialogue and UK prime minister Winston 1992 The Maastricht Treaty Churchill appealed for a “United The Rule of Justice establishes the European States of Europe.” [ensures] that Power might Union, a big step toward political integration. Building on that vision, Europe not vanquish or oppress today has two fundamental Right, nor one Neighbour 2009 Under the Treaty of international organizations: the act an Independency and Lisbon, new EU constitutional Council of Europe and the European Sovereignty upon another. systems are set in place. Union (EU). The aim of the EU is to promote peace and prevent the William Penn 2020 The UK exits the EU, resurgence of nationalism by means leaving 27 member states. of integration of its member states. “Essay Towards the Present and It is based on the rule of law, and Future Peace of Europe,” 1693 I n 1693, English-born William the European Court of Justice (ECJ) Penn—Quaker, democratic plays an important role in ensuring idealist, and founder of that EU regulations are observed the Province of Pennsylvania in and applied consistently in every America—proposed a parliament EU country. In 2018, for example, for the whole of Europe, as a the UK was referred to the Court means to end its constant warring: for being in breach of EU law with “[so] that by the same Rules of Justice and Prudence by which Parents and Masters Govern their Families, and Magistrates their Cities, and … Princes and Kings their Principalities and Kingdoms, Europe may Obtain and Preserve Peace among Her Sovereignties.” Nothing came of Penn’s plan, though

A NEW INTERNATIONAL ORDER 237 See also: Vattel’s The Law of Nations 108 ■ The Napoleonic Code 130–131 ■ The European Convention on Human Rights 230–233 ■ The Helsinki Treaty 242–243 ■ Google Spain v. AEPD and Mario Costeja González 308–309 cooperation. The stated purpose [When] nations and men the Ruhr Agreement was imposed of the CoE was then (and remains accept the same rules … their on western Germany, allowing today) to uphold human rights, the US, the UK, France, and the democracy, and the rule of law in behavior toward each other Benelux countries (Belgium, the Europe. The CoE now has a total changes. This is the process Netherlands, and Luxembourg) of 47 member states. to take control of the Ruhr’s coal of civilization itself. mines. This was a precondition The CoE is sometimes confused Jean Monnet for the establishment of the Federal with the EU, and it has the same Republic of Germany, which flag and anthem. However, the A Ferment of Change, 1962 was formed by the merger of the CoE has no power to make laws, western sectors of Allied-controlled though it does have the power and political integration of member Germany. (Soon after, the eastern to enforce agreements made by countries. Various ideas were put sector became the Soviet-dominated European states. Its emphasis is on forward, but none could secure German Democratic Republic.) the rights of European citizens, and majority support. it has spawned many subsidiary Tensions between former organizations and Conventions that In 1945, however, French enemies France and West Germany focus on specific areas. Notable political economist Jean Monnet over control of the Saarland spurred among these are the European had urged France to take over Monnet on with his vision of an Convention on Human Rights Germany’s coal-producing regions integrated European community. (ECHR), the European Committee in the districts of the Ruhr and In 1950, in a declaration drafted for the Prevention of Torture (CPT), the Saar to weaken Germany’s partly by Monnet, French foreign and the CoE Convention on the industrial might and help France’s minister Robert Schuman proposed Protection of Children from Sexual postwar economic recovery. The a plan to combine all French and Exploitation and Sexual Abuse. Monnet Plan was adopted: with US German coal and steel production Crucially, in 1959, the CoE set up the backing, in 1947, the Saar became into a common market, governed by European Court of Human Rights a French protectorate, and in 1949, a single High Authority (HA)—a ❯❯ (ECtHR), which enforces the ECHR. The Saar River was a key industrial Economic ties corridor in the 1950s, connecting the Among the subjects discussed by Saarland coalfields with Saarbrücken, the CoE in its early days was the the regional capital city. Canals form possibility of greater economic links to France and to the Netherlands.

238 THE EUROPEAN COURT OF JUSTICE body that would, in time, evolve Common foundations in April 1951 and came into force into the European Commission. for economic development … in July 1952. The talks were Membership of this European Coal complex. Not all parties shared and Steel Community (ECSC) will change the destinies the same vision as Monnet, and would be open to all other western of those regions which hopes of an overarching political European countries, and the HA have long been devoted union were quickly dashed. would be composed of government- to the manufacture appointed representatives of each of munitions of war. Monnet was sure that the member state. Robert Schuman HA was the key to integration: countries could appeal to the It was hoped that, in due course, The Schuman Declaration, 1950 HA to review any decision they greater political integration would did not like. But for the Benelux follow. “Europe will not be made all at state George C. Marshall, whose countries, this was not enough, once,” Schuman declared. “It will be Marshall Plan, enacted in 1948, and as a democratic safeguard built through concrete achievements poured billions of American dollars to stop the HA from taking which first create a de facto into postwar Europe to rebuild dictatorial control, they proposed a solidarity. The coming together of infrastructure and foster trade. Special Council of Ministers. This the nations of Europe requires the would be made up of representatives elimination of the age-old opposition The Treaty of Paris of each national government, of France and Germany.” The In June 1950, delegates from and it could challenge the HA’s pooling of coal and steel industries France, West Germany, Italy, and decisions or hear appeals itself. would mean that “any war between the Benelux countries began the More significantly, some delegates France and Germany becomes not negotiations that would lead to also proposed a Court of Justice, merely unthinkable but materially the creation of the ECSC. The believing that a strong court could impossible.” It would be the “first Treaty of Paris was finally signed help build the constitutional system concrete foundation of a European that Europe would need in order to federation, indispensable to the achieve full integration. preservation of peace.” Monnet was skeptical about German chancellor Konrad the proposed court, believing that Adenauer was enthusiastic, as were it would impede cooperation. But the leaders of Italy and the Benelux both ideas—of the Special Council countries, though the UK demurred. of Ministers and of a Court of Importantly, the idea also had Justice—had support. The Benelux the backing of US secretary of delegates wanted the court to be Jean Monnet French political adviser Jean and in 1919, he was made deputy Monnet was a pioneer of European secretary general of the League integration and the brains behind of Nations. In 1952, he became the Schuman Plan, which merged the first president of the ECSC. western European heavy industry to form the European Coal and Monnet worked tirelessly Steel Community (ECSC). toward realizing his dream of a fully integrated European Born in 1888 in the Cognac community. In 1955, he set up the region, the young Monnet traveled Action Committee for the United the world for the family cognac States of Europe, which was a business and became a respected driving force behind subsequent international financier. During achievements, such as the World War I, he gained distinction creation of the Common Market as an economic intermediary and, ultimately, the European between France and its allies, Union. Monnet died in 1979.

A NEW INTERNATIONAL ORDER 239 The European Court of Justice (ECJ) now has jurisdiction 12 over the 27 states of the European Union. It was established in 1952 as the Court of Justice of the European Coal and Steel 14 Community. In 1993, when the 12 nations of the European Communities created the European Union, the ECJ—formerly 7 20 the court of just an economic union—became the supreme 4 court of this political union. 21 22 List of countries: 1. Belgium (1958) 15. Hungary (2004) 8 5 17 2. Italy (1958) 16. Slovakia (2004) 10 3. France (1958) 17. Poland (2004) 16 19 4. Luxembourg (1958) 18. Cyprus (2004) 5. Netherlands (1958) 19. Czech Republic (2004) E 16 6. Germany (1958) 20. Estonia (2004) P 13 15 7. Denmark (1973) 21. Latvia (2004) 3 O 8. Ireland (1973) 22. Lithuania (2004) R 26 9. Greece (1981) 23. Malta (2004) E U 2 25 10. Portugal (1986) 24. Slovenia (2004) 11. Spain (1986) 25. Bulgaria (2007) 24 12. Finland (1995) 26. Romania (2007) 13. Austria (1995) 27. Croatia (2013) 27 14. Sweden (1995) 11 9 Key: EU member (since year shown) Non-EU country AFRICA 23 18 able to review not just the legality to examine policy. The new court of Europe, the Common Assembly of an HA decision, but also its was based in Luxembourg, with was designed to provide democratic policies—yet they were determined one judge from each of the six legitimacy; it first met in September that this should be a matter between member states, plus a seventh from 1952 in Strasbourg. states. The Germans, however, one of the three large countries— advocated private access, while the West Germany, France, and Italy— Three communities French worried that if the court had a position held in rotation. (Today, Gradually, European politicians the power to review policy, it would the European Court of Justice has began to discuss the idea of a lead to undemocratic government 27 judges, one from each EU state.) common market. The European by judges. A compromise was Economic Community (EEC), also reached. The court would have the By the time the Treaty of Paris known as the Common Market, power to annul HA decisions that was signed in 1951, some of the was formed by the six founding violated the terms and spirit of the enthusiasm for supranational bonds member states of the ECSC, under Treaty of Paris, while the HA would had already waned, and plans for a the Treaty Establishing the avoid decisions that would disturb political union and a defense union European Economic Community— member countries. were dropped. Yet the strong legal commonly known as the Treaty framework gave momentum to the of Rome. It was signed in 1957 and Limitations on powers European project. came into force on January 1, 1958. When it became clear that the HA would be the executive of the The ECSC was overseen by The treaty also created a third ECSC, and the Court of Justice its four institutions: the HA, which community: the European Atomic judiciary, the French ensured the was a nine-member executive; the Energy Community (EAEC), soon Court remained an administrative Common Assembly, made up of 78 known as Euratom. Conceived to one. It would have powers to ensure representatives appointed from the oversee the development of the the observation of ECSC law and to parliaments of the member states; European market for atomic energy, interpret the Treaty of Paris, but not the Special Council of Ministers, it now covers all aspects of nuclear the power of constitutional review composed of representatives of power, including the safe disposal national governments; and the Court of nuclear materials. ❯❯ of Justice. Modeled on the Council

240 THE EUROPEAN COURT OF JUSTICE The EEC and Euratom had their The Treaty of Rome, creating the dramatic downturn in Europe’s own councils and executive bodies. European Economic Community, was economic fortunes. Many Europeans But due to reservations among some signed on March 25, 1957, by delegates felt that the only way to counter the states about the supranational of France, West Germany, Italy, Belgium, two global superpowers—the US powers of the HA, these executives the Netherlands, and Luxembourg. and the Soviet Union (USSR)—was had more limited powers, and their to build a more connected Europe. councils greater powers, than in Further integration the case of the ECSC. Rather than The creation of the EEC was a The European Parliament first “high authorities,” the new executives watershed moment. Never before held direct elections in 1979 and were “commissions.” The scope of had a major group of nations pooled made Simone Veil of France its the Court of Justice of the ECSC resources so freely. Members were president. Greece joined the EC was expanded to include both the still hesitant about further political in 1981, with Spain and Portugal EEC and Euratom. The Common integration, but legal integration following in 1986. In 1985, 5 of Assembly was also shared across the proceeded apace, with the ECJ the 10 member countries agreed three communities and became making many key decisions at Schengen in Luxembourg to the European Parliament. throughout the 1960s. abolish border checks. Other countries signed up later, and by A condition of the success In 1965, the Merger Treaty (also 1997, 26 European states were of [the European] experiment known as the Treaty of Brussels) party to the Schengen Agreement. was signed, coming into force in is that there should be 1967. It merged the executives and The UK remained aloof from a body whose task is to councils of the ECSC, EEC, and Schengen, and Prime Minister ensure that the rules are Euratom: collectively, the three Margaret Thatcher opposed further the same for everyone. were now known as the European economic integration. But change Judge David Edward Communities (EC). The executive occurred in 1985, when Englishman became the Commission of the Arthur Cockfield became vice European Court of Justice (1992–2004) European Communities. president of the Commission of the European Communities, under its The UK had previously declined French president Jacques Delors. to join any of the communities but had a change of heart after fearing Van Gend en Loos v. economic isolation. It first applied the Netherlands to join the EEC in 1963, then again in 1967, but both attempts were One landmark ruling made blocked by French president Charles by the European Court of de Gaulle, who saw the economic Justice (ECJ) was in the union from a firmly nationalist point case of Van Gend en Loos v. of view—as a vehicle for French Nederlands Inland Revenue economic interests—and wanted Administration in 1963. no further integration or expansion. Van Gend en Loos, a Dutch company, transported When de Gaulle resigned in formaldehyde from Germany 1969, French opposition to UK to the Netherlands. The Dutch membership softened. Germany charged a tariff on this import, was going through a remarkable in breach of Common Market economic recovery, and the UK, then rules. The ECJ ruled that Van in a contrastingly poor state, was Gend en Loos could recover finally admitted to the EC in 1973, the tariff. This established the along with Denmark and Ireland. key principle of “direct effect,” However, this expansion came whereby courts of member just before a massive oil price hike states are bound to recognize initiated by OPEC (Organization of the rights conferred by the the Petroleum Exporting Countries) European Community. in the fall of 1973, creating a

A NEW INTERNATIONAL ORDER 241 Cockfield became a convert to the French newspaper Libération ran a of Justice in 2009, while its lower idea of a “single market,” which hesitant-looking headline announcing court, formerly the Court of First would guarantee the free movement the marginal result of the referendum Instance, was renamed the General of goods, capital, services, and on the Maastricht Treaty in 1992. The Court. Combined, they are known labor (the “four freedoms”) between result became known as the “petit oui.” as the Court of Justice of the member states. His white paper on European Union. The Commission the subject, which was well received European Union develops overall policy and strategy by the other EC states, led to the One key formal objective of the and proposes new laws, while Single European Act of 1986. This Maastricht Treaty was the adoption the Council of the EU—made up would create a single market in of a universal currency. Economic of ministers from each member 1993, and also gave the European and monetary union (EMU) was state—coordinates policies. Parliament greater legislative intended to promote the gradual Together, the Council and the powers in order to achieve this. convergence of member states’ Parliament—which is directly economies. But before the treaty elected by the public—agree Meanwhile, a move to pick up could be ratified, the law in France, and adopt new EU legislation. the failed dream of a European Denmark, and Ireland required it to political community, first suggested be put to a referendum. In Ireland, Maastricht was a logical step in in 1952, had gained support in the it was approved by a large majority, the 40-year process of convergence, European Parliament. In 1984, but in France, the majority in favor but achieving it had not been easy. under the Spinelli Plan, drafted was tiny. In Denmark, it was rejected The tensions that flared between mainly by Italian political theorist by an equally small margin. Only EU states in the 21st century over Altiero Spinelli, the Parliament after four opt-outs for Denmark were economic and migrant crises tested resolved to proceed from economic negotiated did another referendum the hopes of federalist politicians. union to full political union. As give its approval. They could no longer assume that negotiations continued, other ordinary people shared their dream dramatic events unfolded: the Berlin The Maastricht Treaty was of progressive integration. ■ Wall fell in 1989, the USSR collapsed, signed in February 1992, and in and East and West Germany were November 1993, the EC became The European Court of Justice is unified. So it was in a buoyant the EU. It inherited the institutions based in Luxembourg City. Although mood that the 12 member states of its predecessor: the Commission, the Court has 27 judges, one from each of the EC met at Maastricht in the the Council, the Parliament, and the EU member state, cases are usually Netherlands in December 1991 to ECJ, which was renamed the Court heard by panels of 3, 5, or 15. draft a new treaty.

242 NGTHRATEOIWOSNINSSTTEHORAGVEETHER THE HELSINKI TREATY (1962) IN CONTEXT Nordic countries are under Neutrality in military pressure to form alliances alignments seems like FOCUS with powerful blocs such International law as NATO and the USSR. the safest option. BEFORE Strengthened by Cooperating with one 1814 The integrated state cooperation, Nordic another is the best way for of Denmark–Norway breaks countries can build stable apart, and Norway forms a links with other nations. Nordic countries to union with Sweden. preserve neutrality. 1845 Danish and Swedish C reated in 1952, the Nordic Greenland; Finland’s includes students champion the pan- Council is an assembly of two from the Åland Islands. The Scandinavian movement, Members of Parliament from Council meets once a year, in fall, but it collapses in 1864. each Nordic country: Scandinavia’s with further “theme sessions” held Norway, Denmark, and Sweden, in spring. The assembly is linked 1905 The Norway–Sweden plus Finland and Iceland. The to the Nordic Council of Ministers, union dissolves, and Norway involvement of active Members of made up of ministers from each becomes fully independent. Parliament rather than delegates is government. unusual in international assembly, 1907 The Nordic Inter- and it fosters a rare degree of While the ties between the Parliamentary Union of five cooperation. There are 87 MPs in Nordic countries are ancient, the countries starts holding the Nordic Council—20 each from direct impetus for inter-Nordic annual meetings. Norway, Sweden, Denmark, and cooperation was World War II. Finland and seven from Iceland. Both Denmark and Norway were AFTER Denmark’s total includes two from occupied by the Nazis, and 1996 Norway and Iceland, as the Faroe Islands and two from Finland was under constant members of the Nordic Passport threat from the Soviet Union Union, are accepted into the European Schengen Area. 2000 The Øresund Bridge opens, connecting Denmark and Sweden.

A NEW INTERNATIONAL ORDER 243 See also: Vattel’s The Law of Nations 108 ■ Scandinavian cooperation 160–161 ■ The United Nations and International Court of Justice 212–219 ■ INTERPOL 220–221 ■ The European Court of Justice 234–241 (USSR). Sweden remained neutral which was an agreement of The Øresund Bridge, linking Sweden but vulnerable, as war raged all “friendship, cooperation, and and Denmark, is almost 5 miles (7.85 km) around it. mutual assistance”—in 1948. long. It spans the sea between Malmö and the island of Peberholm, then Postwar alignments The Nordic Council continues by tunnel to Copenhagen. After the war ended, Sweden put Despite the failure of the defense forward to Norway and Denmark union idea, in 1952 Danish prime practical dimensions to Nordic a plan for a Scandinavian defense minister Hans Hedtoft proposed a cooperation: a joint labor market union, but initial talks broke down. Nordic Council, intended simply as and a passport union enabled There were significant pressures in a consultative inter-parliamentary citizens to travel freely and to work different directions from the major body rather than as a stronger and reside anywhere in the region. world blocs. European countries union. Norway, Sweden, and Iceland were forming the economic ties quickly agreed, and the first session The Council proved remarkably that would lead to the European was held the following year in the resilient. After Stalin died, relations Union. The US, eager to establish Danish Parliament, with Hedtoft as between Finland and the USSR bases in Scandinavia, insisted president. Within a few years of its softened, and in 1955, Finland joined that the Nordics were too weak to inception, the Council introduced the Council. Representatives from defend themselves and must join Greenland and from the Faroe and the emerging North Atlantic Treaty Åland Islands joined later. Organization (NATO). The USSR coveted Finland. In 1962, the five Nordic countries bonded even more closely with the Disadvantaged by their war- signing of the Helsinki Treaty—a ravaged economies, Denmark formal agreement of cooperation. and Norway, along with Iceland, Nine years later, this led to the joined NATO as founding members creation of the Nordic Council of in 1949. Sweden maintained its Ministers, which is responsible for neutrality. And Finland, anxious intergovernmental cooperation. Its for stable relations with its powerful vision is for the Nordic region to land neighbor and erstwhile enemy, become the most environmentally signed the Finno-Soviet Treaty— sustainable and integrated region in the world. ■ Legal harmonization offenses. Article 5 states that the aim should be to allow There has been a tradition of a crime committed in one legislative cooperation in the Nordic nation to be prosecuted Nordic region since 1872, when in another. lawyers from all the nations convened in Copenhagen. Although there has been Later, the desire for judicial cooperation between the harmonization formed a key countries, political differences part of the Helsinki Treaty, have been an obstacle to which sought “cooperation in complete harmonization. In the field of law with the aim of recent years, EU harmonization attaining the greatest possible has taken priority over Nordic uniformity in the field of private aims. That has proved law.” One of the Treaty’s stated problematic, since Denmark, aims was to achieve uniform Finland, and Sweden are EU rules for penalizing criminal members, but Iceland and Norway are not.

244 IN CONTEXT LBOTEHAFTCEWKUSASHFRRASDOTOMEWP S FOCUS Arms control THE PARTIAL TEST BAN TREATY (1963) BEFORE 1945 The US drops atomic bombs on the Japanese cities of Hiroshima and Nagasaki. 1946 The UN Atomic Energy Commission (UNAEC) is created to address the risks of the use of atomic energy. 1952 The US carries out the first hydrogen bomb test. 1961 The USSR tests its Tsar Bomba, the most powerful hydrogen bomb ever tested. AFTER 1998 India and Pakistan each test several atomic or hydrogen bombs in a race to become nuclear-armed states. 2006–2017 North Korea conducts six underground nuclear tests. O n August 5, 1963, the US, Soviet Union (USSR), and the UK signed the Partial, or Limited, Nuclear Test Ban Treaty (PTBT or LTBT). The treaty did not slow the nuclear arms race directly, but banned nuclear weapons tests in the atmosphere, underwater, or in outer space, marking a vital first step in control of nuclear weapons. MAD arms race In the 1950s, tensions escalated between the West and Soviet bloc during the Cold War. The US and USSR pursued a headlong nuclear arms race, driven in part by a game-theorist strategy of mutual assured destruction (MAD). On the

A NEW INTERNATIONAL ORDER 245 See also: The Geneva Conventions 152–155 ■ The Hague Conventions 174–177 ■ The Chemical Weapons Convention 276–277 ■ The Anti-Personnel Mine Ban Convention 288–289 The Tsar Bomba (“king of bombs”) was secretly detonated by the Soviets on an Arctic island. The explosion was about 1,500 times greater than those of Hiroshima and Nagasaki combined. basis that full-scale use of nuclear formed the Ten Nation Committee its naval blockade. Horror at what weapons would completely destroy on Disarmament (TNCD) in 1960, might have happened pushed both attacker and defender, MAD which became the Eighteen Nation Kennedy and Khrushchev to the suggests both sides build enough Committee (ENCD) in 1961, but negotiating table. Khrushchev nuclear weapons to guarantee each progress was limited. The tipping argued for a comprehensive ban side would be utterly annihilated if point came after a series of nuclear on nuclear tests, but Kennedy could it launched its weapons. That way, near-misses. In 1961, for example, not get the US military to agree. neither side would ever dare strike the US accidentally dropped His advisers wanted Soviet troops first. Stanley Kubrick’s 1964 film nuclear bombs on Goldsboro, North to withdraw from Cuba as a Dr. Strangelove brilliantly satirized Carolina, that were a hair away precondition of talks, while the the dangers of this strategy. from detonating. However, it was USSR feared that the proposed the 13-day Cuban Missile Crisis verification inspections were ❯❯ The public was terrified by the of October 1962 that provided possibility of an all-out nuclear war the final wake-up call. The USSR We will not … risk and the ensuing global destruction. was building nuclear launch sites worldwide nuclear war … Protest movements sprang up, most in Cuba, just 90 miles (145 km) in which even the fruits notably the Campaign for Nuclear from the US coast. When US Disarmament (CND), and, in 1961, air forces spotted them, President of victory would be up to 50,000 from Women Strike John F. Kennedy retaliated with ashes in our mouth. for Peace marched against nuclear a naval blockade around Cuba. John F. Kennedy weapons in 60 US cities. Nuclear war seemed imminent. 35th US president (1961–1963), The Cuban Missile Crisis Kennedy and Soviet Premier address to the nation, 1962 International negotiations on Nikita Khrushchev pulled back from nuclear disarmament had begun in the brink: the USSR dismantled its 1958, and the United Nations (UN) Cuban sites and the US removed President John F. Kennedy in 1962 addresses the American public on television to explain the threat from Soviet missile sites in Cuba and why the US Navy was blockading the island.

246 THE PARTIAL TEST BAN TREATY A nuclear war cannot be won and must A nuclear war would be catastrophic; no sane never be fought. person would launch a nuclear attack. Ronald Reagan If nuclear weapons can never be used, they do not 40th US president (1981–1989), serve as a deterrent and therefore have no purpose. State of the Union address, 1984 The world should stop the arms race and disarm. Banning testing of nuclear weapons is make or host nuclear weapons; the the first step toward nuclear disarmament. proposal had good support, but many states abstained, including pretexts for spying by the West. stockpiles of nuclear weapons, halt the US. The Irish and Swedish In June 1963, President Kennedy production, or limit their use, but it proposals sought to create a regime made an impassioned plea for “a was a major step forward. that everyone could adhere to, and treaty to outlaw nuclear tests [and] it came to fruition in the Treaty on check the spiraling arms race.” Within 3 months, a total of the Non-Proliferation of Nuclear 100 governments had signed up, Weapons (NPT) of 1968. The first test ban although France and China stayed In July 1963, W. Averell Harriman, out. Since then, 25 more nations In the NPT, non-nuclear-armed former US ambassador to the USSR, have joined. Under the treaty, the nations agreed never to acquire and Andrei Gromyko, Soviet foreign US, UK, and USSR can veto treaty or develop nuclear weapons, while minister, resumed negotiations amendments. Also, a majority, nuclear states agreed to eliminate in Moscow. After 10 days, they including all three original parties, their nuclear arsenals over time and initialed a draft treaty, hoping must approve any amendment. share technology for nuclear energy. the other three nuclear powers of the time (the UK, France, and China) Nonproliferation Comprehensive ban would join, but only the UK signed Efforts to limit the spread of nuclear In 1977, work began on a treaty to along with the US and USSR. weapons beyond the original five end nuclear testing. Progress was nuclear powers began in the 1960s, slow, partly because American The Partial Nuclear Test Ban alongside the PTBT. In 1961, the weapons developers felt testing was Treaty (PTBT) banned nuclear UN unanimously passed Ireland’s vital to keep nuclear weapons up to weapons tests in the atmosphere, resolution to ban nuclear powers date; under pressure from them, US in outer space, and underwater but from giving the technology to other President Ronald Reagan halted permitted underground testing. states. Sweden proposed also that negotiations in 1982. The Soviets’ The treaty did nothing to cut non-nuclear countries pledge not to 1979–1989 occupation of Afghanistan also soured relations with the US. In 1991, Soviet general secretary Mikhail Gorbachev announced that the USSR would unilaterally stop its nuclear weapons testing. The US Congress responded warmly, urging that negotiations quickly reopen. Even so, discussions were hampered

A NEW INTERNATIONAL ORDER 247 by concerns of the military on of 1987. The NPT was renewed All nations should declare … both sides, until the dissolution indefinitely in 1995 and had 191 that nuclear weapons of the USSR in December. The signatories by 2020. must be destroyed. UN then took the lead, forming the Conference on Disarmament in Since the PTBT, only Pakistan, This is to save ourselves 1994 to draw up a Comprehensive India, North Korea, and probably and our planet. Nuclear-Test-Ban Treaty (CTBT) Israel are known to have acquired that banned all nuclear weapon and nuclear weapons. However, Iran Mikhail Gorbachev peaceful nuclear test explosions. has been accused of illegally enriching uranium to make bombs. Soviet general secretary (1985–1991), The US was the first country to The International Atomic Energy BBC interview, 2019 sign the CTBT in 1996, and most Agency (IAEA) demanded access states have since joined. Yet the for verification, and international threat of war at bay. The IAEA treaty cannot come into effect until sanctions were imposed from 2006. upholds these treaties, monitoring it is not only signed, but ratified, by Intense diplomatic negotiations nuclear activity in more than 140 all 44 members of the Conference, continue in an attempt to deter countries, but many states do not including all the nuclear powers. Iran from creating a nuclear arsenal. give the inspectorate free access. By 2019, 168 countries had ratified The International Court of Justice the CTBT, and another 17 countries North Korea, too, has plowed adjudicates treaty infringements, had signed but not ratified it. on with its nuclear program but some states have refused to Crucially, five of the original 44 despite international sanctions. abide by its judgments. As long Conference members (China, Between 2006 and 2017, it held as nuclear and other weapons Egypt, Iran, Israel, and the US) have six major underground nuclear of mass destruction exist, the not yet ratified the treaty, and three tests (detected by US Geological danger remains, and efforts to more (India, North Korea, and Survey seismographs), and in 2017, uphold and extend disarmament Pakistan) have not even signed it. it claimed to have perfected a treaties continue. ■ hydrogen bomb. Meanwhile, Stand-off the five main nuclear powers, Although the CTBT has not come especially the US and China, still into effect, there has been progress. seem no nearer to eliminating The US and Russia greatly reduced their nuclear arsenals. In 2019, the their nuclear warhead numbers, US backed out of the INF Treaty. under the Intermediate-Range Nuclear Forces Treaty (INF Treaty) There is now a complex body of international law reflecting 70 years of intense negotiation to keep the 290 China 300 France 6,490 Russia 6,185 US The number of nuclear warheads has declined significantly 200 UK since the 1980s, particularly with cuts made in the 1990s. In 2019, 160 Pakistan Russia and the US owned more than 90 percent of the estimated total of 13,885 nuclear weapons in the world, as shown here. 140 India 90 Israel 30 North Korea

MY CHILDREN BOWYFILLTTNHHOTEEIBRCE OJSULDKOGIENRD THE CIVIL RIGHTS ACT (1964)



250 THE CIVIL RIGHTS ACT IN CONTEXT All US citizens are born equal, and all US citizens should have equal rights. FOCUS Human rights The Thirteenth and Fourteenth Amendments were not initially seen to outlaw racial discrimination. BEFORE 1866 America’s first Civil The Civil Rights Act prohibits segregation in public Rights Act guarantees civil but and outlaws discrimination based on race. not political and social rights. all people are equal in law and northern interference.” Named after 1880s Jim Crow laws prohibiting racial discrimination a black caricature from American segregate the white and in public places, such as on trains theater, the Jim Crow laws of the black populations in the and in restaurants and lodging Southern United States came into Southern states. houses. However, five cases treated force in the 1870s and 1880s and together in the Supreme Court in were every bit as racially divisive 1896 The Supreme Court March 1883 nullified this, asserting as South Africa’s apartheid laws. allows segregation on the that neither the Thirteenth “separate but equal” principle. Amendment to the US Constitution In theory, black people had the (which banned slavery) nor the same rights under the Constitution AFTER Fourteenth (which guaranteed as white people, but the Jim Crow 1965 The Voting Rights equal protection by the law) could laws gave racial segregation legal Act outlaws discriminatory prevent racial discrimination by force. White and black Southerners obstacles that prevent black private individuals and that this people from voting. could not be prohibited by law. It shall be unlawful for Essentially, the Court declared a negro and white person 1968 The Fair Housing Act that the Civil Rights Act of to play together … in any bans discrimination in housing. 1875 was unconstitutional, which was a huge blow to the rights game of cards or dice, 2019 A white supremacist of African Americans. dominoes or checkers. shooter in El Paso, Texas, kills 22 and injures 24. Segregation Jim Crow law After the Civil War had ended, the I n 1776, the US declared Republican armies had protected Birmingham, Alabama, 1930 with forthright zeal in its the civil rights of freed slaves Declaration of Independence, in the South, but in 1877, a political “We hold these truths to be self- compromise withdrew those armies evident, that all men are created and gave Southern states “the equal ….” And yet this did not right to deal with blacks without prevent black Africans from being kept as slaves for almost a century more. Even after the Civil War of 1861–1865 ended with slaves being given their freedom, black people continued to suffer. In the early 1960s, a century after the end of slavery, there was still racial segregation in the US. In 1866, the first Civil Rights Act gave equal legal protection to all citizens. The Civil Rights Act of 1875 went further, affirming that