Postwar Norms (1) The Charter of United Na7ons, 1945 (2) The Universal Declara7on of Human Rights, 1948 (3) The Bandung Conference, 1955 (4) Norms vs. laws
Criminalizing War 1. U.S. Army Order No. 100 (Lieber Code), 1863 2. Geneva Conven7on for the Ameliora7on of the Condi7on of the Wounded in Armies in the Field, 1864 3. First Hague Peace Conference, 1899 4. Second Hague Peace Conference, 1907, resul7ng in Conven7on No. IV on laws and customs of war 5. Kellogg-Briand Pact, 1928 6. Geneva Conven7on, 1929 7. Charter of the United Na7ons, 1945 8. Nuremberg and Tokyo Trials, 1945-1948 9. Universal Declara7on of Human Rights, 1948 10. Fourth Geneva Conven7on, 1949 11. Addi7onal Protocols, 1977
Charter of the United Na7ons (1945) Ar7cle 2 The Organiza7on and its Members... shall act in accordance with the following Principles: 1. The Organiza7on is based on the sovereign equality of all its Members....
Charter of the United Na7ons (1945) Ar7cle 2 The Organiza7on and its Members... shall act in accordance with the following Principles: 1. The Organiza7on is based on the sovereign equality of all its Members.... 4. All Members shall refrain in their interna7onal rela7ons from the threat or use of force against the territorial integrity or poli7cal independence of any state, or in any other manner inconsistent with the Purposes of the United Na7ons.
Charter of the United Na7ons (1945) Ar7cle 2 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 7. Nothing contained in the present Charter shall authorize the United Na7ons to intervene in maaers which are essen7ally within the domes7c jurisdic7on of any state or shall require the Members to submit such maaers to sealement under the present Charter...
Charter of the United Na7ons (1945) Ar7cle 33 1. The par7es to any dispute, the con7nuance of which is likely to endanger the maintenance of interna7onal peace and security, shall, first of all, seek a solu7on by nego7a-7on, enquiry, media7on, concilia7on, arbitra7on, judicial sealement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Ar7cle 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommenda7ons, or decide what measures shall be taken...
Charter of the United Na7ons (1945) Ar7cle 42 Should the Security Council consider that measures provided for in Ar7cle 41 [ measures not involving the use of armed force ] would be inadequate or have proved to be inadequate, it may take such ac7on by air, sea, or land forces as may be necessary to maintain or restore interna7onal peace and security. Such ac7on may include demonstra7ons, blockade, and other opera7ons by air, sea, or land forces of Members of the United Na7ons.
Charter of the United Na7ons (1945) Ar7cle 51 4. Nothing in the present Charter shall impair the inherent right of individual or collec7ve self-defense if any armed aaack occurs against a Member of the United Na7ons, un7l the Security Council has taken measures necessary to maintain interna7onal peace and security....
Universal Declara7on of Human Rights (1948) Eleanor Roosevelt
Universal Declara7on of Human Rights (1948) Drahing Commiaee Charles Malik (Lebanon) Alexandre Bogomolov (USSR) Peng-chun Chang (China) René Cassin (France) Eleanor Roosevelt (US) Charles Dukes (UK) Wm. Hodgson (Australia) Hernan Santa Cruz (Chile) John Humphrey (Canada)
Universal Declara7on of Human Rights (1948) Ar7cle I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Ar7cle 2 Everyone is en7tled to all the rights and freedoms set forth in this Declara7on, without dis7nc7on of any kind, such as race, colour, sex, language, religion, poli7cal or other opinion, na7onal or social origin, property, birth or other status....
Universal Declara7on of Human Rights (1948) Ar7cle 3 Everyone has the right to life, liberty and security of person. Ar7cle 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Ar7cle 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Universal Declara7on of Human Rights (1948) Ar7cle 9 No one shall be subjected to arbitrary arrest, deten7on or exile. Ar7cle 10 Everyone is en7tled in full equality to a fair and public hearing by an independent and impar7al tribunal, in the determina7on of his rights and obliga7ons and of any criminal charge against him.
Universal Declara7on of Human Rights (1948) Ar7cle 11 1. Everyone charged with a penal offence has the right to be presumed innocent un7l proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not cons7tute a penal offence, under na7onal or interna7onal law, at the 7me when it was commiaed....
Universal Declara7on of Human Rights (1948) Ar7cle 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Ar7cle 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecu7on. 2. This right may not be invoked in the case of prosecu7ons genuinely arising from non-poli7cal crimes or from acts contrary to the purposes and principles of the United Na7ons.
Universal Declara7on of Human Rights (1948) Ar7cle 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, prac7ce, worship and observance. Ar7cle 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa7on and ideas through any media and regardless of fron7ers.
Universal Declara7on of Human Rights (1948) Ar7cle 20 1. Everyone has the right to freedom of peaceful assembly and associa7on. 2. No one may be compelled to belong to an associa7on. Ar7cle 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representa7ves.... 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elec7ons which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free vo7ng procedures.
Universal Declara7on of Human Rights (1948) Ar7cle 22 Everyone, as a member of society, has the right to social security and is en7tled to realiza7on, through na7onal effort and interna7onal co-opera7on and in accordance with the organiza7on and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Universal Declara7on of Human Rights (1948) Ar7cle 23 1. Everyone has the right to work, to free choice of employment, to just and favourable condi7ons of work and to protec7on against unemployment. 2. Everyone, without any discrimina7on, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remunera7on ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protec7on. 4. Everyone has the right to form and to join trade unions for the protec7on of his interests.
Universal Declara7on of Human Rights (1948) Ar7cle 28 Everyone is en7tled to a social and interna7onal order in which the rights and freedoms set forth in this Declara7on can be fully realized.
Joseph Stalin and Harry Truman
Harry Truman and Joseph Stalin
(3) Bandung Conference 1955 Zhou Enlai (China) Nehru (iindia) Ho Chi Minh (Vietnam)
Bandung Declara7on 1955 1. Respect for fundamental human rights and for the purposes and principles of the Charter of the United Na7ons. 2. Respect for the sovereignty and territorial integrity of all na7ons. 3. Recogni7on of the equality of all races and... all na7ons large and small. 4. Absten7on from interven7on or interference in the internal affairs of another country. 5. Respect for the right of each na7on to defend itself.
Bandung Declara7on 1955 6. (a) Absten7on from the use of arrangements of collec7ve defence to serve any par7cular interests of the big powers. (b) Absten7on by any country from exer7ng pressures on others. 7. Refraining from acts or threats of aggression or the use of force against the territorial integrity or poli7cal independence of any country. 8. Sealement of all interna7onal disputes by peaceful means... 9. Promo7on of mutual interests and coopera7on. 10. Respect for jus7ce and interna7onal obliga7ons.
(4) Norms vs. Laws Joseph Stiglitz, former chief economist of World Bank: The UN has no power, except in the setting of norms. And that has proven to be very powerful.
(4) Norms vs. Laws Joseph Stiglitz, former chief economist of World Bank: The UN has no power, except in the setting of norms. And that has proven to be very powerful. Ho Chi Minh
General Assemble Resolution 36/103. Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States Prolegomenon Motion (2 parts) Annex: Prolegomenon Solemn Declarations (6) 1. No State or group of States has the right to intervene or interfere in any form or for any reason whatsoever in the internal and external affairs of other States. 2. The principle of non-intervention and non-interference in the internal and external affairs of States comprehends the following rights and duties: I. Rights II. Duties III. Rights and duties of states 3, 4, 5, 6
General Assemble Resolution 36/103. Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States 2. The principle of non-intervention and non-interference in the internal and external affairs of States comprehends the following rights and duties: (a) Sovereignty, political independence, territorial integrity, national unity and security of all States, as well as national identity and cultural heritage of their peoples; (b) The sovereign and inalienable right of a State freely to determine its own political, economic, cultural and social system, to develop its international relations and to exercise permanent sovereignty over its natural resources, in accordance with the will of its people, without outside intervention, interference, subversion, coercion or threat in any form whatsoever; (c) The right of States and peoples to have free access to information and to develop fully, without interference, their system of information and mass media and to use their information media in order to promote their political, social, economic and cultural interests and aspirations, based, inter alia, on the relevant articles of the Universal Declaration of Human Rights and the principles of the new international information order.