MODERN HUMAN RIGHTS

1. MODERN HUMAN RIGHTS Nuremberg Trials Genocide Convention Universal Declaration of Human Rights

2. The Nuremberg Trials (1945) The end of WWII led to a greater effort to define & protect basic human rights. In 1945, 24 major military & political leaders of Nazi Germany were put on trial. Charged with war crimes, crimes against humanity & aggressive warfare

3. Key Principles from Nuremberg • Any person who commits a crime under international law is responsible & liable to punishment; • The fact that state law does not impose a penalty for the act does not relieve the person from responsibility under international law; • A Head of State or any responsible government official is not relieved from responsibility; • Acting pursuant to an order from a superior does not relieve a person from responsibility, provided a moral choice was in fact possible

4. Concept of State Sovereignty The principles established by the Int’l Military Tribunal at Nuremberg weakened the concept of state sovereignty State sovereignty is the absolute authority of a state to govern itself, free from outside interference.

5. The Crime of Genocide In 1948, the newly-created United Nations defined the crime of genocide. Genocide is the deliberate & systematic destruction of a national, racial, religious or cultural group. It is a crime committed by a government or an organized group, not individuals.

6. Elements of Genocide Along with killing, elements of genocide include: • causing serious bodily or mental harm; • creating conditions designed to bring about a group’s destruction; • preventing births within the group; • removing children from the group

7. U.N. Genocide Convention (1948) The U.N. Genocide Convention: • Made genocide a crime & obligates its signers to prevent, suppress & punish genocide; • Holds violators responsible whether they attack another state or act within their own borders; • Further erodes the concept of state sovereignty since states are not free from outside interference if they commit genocide

8. Parties to the Genocide Convention

9. U.S. Ratification of the Convention U.S. ratified the Genocide Convention in 1988, 40 yrs. after it was approved by the UN General Assembly. Resistance due to concerns over sovereignty, fears that segregation laws in the south & treatment of native tribes might fall under the definition of genocide.

10. Establishment of the UDHR The Universal Declaration of Human Rights (1948) was also established by the UN. Rights that every individual should have, no matter their culture, religion, or type of government States that governments are responsible for protecting the rights & well-being of their citizens

11. Purpose of the UDHR UDHR was designed to put political & moral pressure on gov’ts to respect basic rights Doesn’t put legal obligations on its signatories Laid the foundation for more than 60 UN treaties that do carry legal obligations

12. Six Core Human Rights Treaties • International Covenant on Civil & Political Rights (1966); • International Covenant on Economic, Social & Cultural Rights (1966); • International Convention on the Elimination of All Forms of Racial Discrimination (1965); • Convention on the Elimination of All Forms of Discrimination against Women (1979); • Convention against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment (1984); • Convention on the Rights of the Child (1989)

13. Ideas & Standards into Practice? Countries which sign & ratify these treaties are legally obligated to respect & promote the rights set forth in the treaty. It can be difficult to translate ideas/standards set forth by treaties into practice. Poorer countries with limited resources struggle to meet basic development goals.

14. Human Rights & Foreign Policy Many countries have made human rights a prominent part of their foreign policy Human rights policy may be driven by a sense of moral concern or obligation It’s more accepted now that serious violations of human rights are a risk to global peace & stability

15. Diplomatic Ways to Promote Rights Countries use diplomacy to express concern about poor conditions & rights abuses Diplomats arrange meetings of government officials Int’l orgs may offer member-ship to encourage a country to improve its human rights practices

16. Economic Ways to Promote Rights Countries may insert human rights provisions into trade agreements Embargoes (bans on trade) or trade sanctions may be imposed on violators Foreign aid can help meet a country’s basic needs or support local programs to improve human rights

18. Military Ways to Promote Rights Countries may use arms embargoes or the denial of military aid to stop/prevent human rights abuses Direct military action might be taken to protect civilian populations or support aid operations Direct action typically seen as a last resort

19. What groups promote human rights? Int’l orgs like the UN, ICC & NATO devote resources to the promotion & protection of human rights Private, nonprofit NGOs educate the public, provide people/resources & lobby governments Social movements promote good human rights practices