Why International Law? The Development of the International Human Rights Regime in the Twentieth Century

Contextual Quotations:
- Henry Morgenthau, U.S. ambassador in Turkey, expresses moral conflict regarding sovereignty vs. human rights during the Armenian Genocide in 1915, indicating the challenges of non-interference principles.
Historical Context:
- The second half of the twentieth century marks a systematic response to human rights by the international community, facilitated by state and nonstate actors post-World War II.
- Varieties of rights addressed include:
- Civil and political rights
- Economic and social rights
- Rights of non-discrimination
- Emergence of legally binding covenants as a new legal framework eliciting both criticism and praise; aims for universality while embodying hegemonic views of powerful states.
Challenging Sovereignty:
- Shift from the notion of absolute state sovereignty regarding treatment of citizens toward international accountability concerning human rights abuses.
- Legal and moral challenges to the idea that states may treat their own people without external scrutiny.

The Global Context: The Intensification of State Accountability

Factors Supporting International Human Rights Legalization:
1. Trend Towards Democratization:
- Government accountability has grown over the twentieth century, raising expectations for respect for individual rights.
- Democratization facilitates limitations on public authority through rule of law and fosters institutions to hold governments accountable (e.g., free elections, press freedoms).
- Historical significance of democratic movements:
  - [American/French Revolutions to post-Cold War liberalizations].
  - Growth of civil rights movements globally due to imperial breakdowns and wars (e.g., Ghandi, Nkrumah, etc.).
1. Elaboration of Accountability in International Law:
- Shift towards monitoring agreements covering various issues—arms control, laws of war, trade relations—paves the way toward increased governance requirements.
1. Growth of Transnational Civil Society:
- Expansion of civil society organizations whose advocacy efforts and resources enable them to influence international policies on human rights.

Historical Trends Supporting International Human Rights

Democratization Trends:
- Increase in nations classified as democracies; substantial growth from mid-1800s to 1990s.
- Data insights into proportions of democracies:
- Over time, from approximately 30% in 1990s to 58% by 2000 among the world’s population.
- Increased monitoring of electoral processes by international communities.
Evolving International Law Context:
- Transition from Classical to Post-Classical approaches in international law concerning state accountability and respect for rights, impacting treaty obligations going beyond sovereignty.

The Role of International Civil Society

Influence of NGOs:
- Transformations in calling and advocating for international standards on human rights through reduced organizational costs
- Historical significance of early socio-political movements and evolving NGOs, such as anti-slavery movements which shaped legislative reform along rights frameworks.
- Increased organizational capacity with the rise of Internet and communication technologies.
NGO Participation in Global Platforms:
- Formal and informal involvement of NGOs in United Nations’ processes since 1968, creating necessary channels for accountability.
- Enhancements in legal action and public education efforts by NGOs to raise awareness and demand accountability.

Wartime Influences on Human Rights Development

Pre-WWII Context:
- Historical legal frameworks largely ignored individual rights, positioned imperialism at the forefront of law, neglecting populations under domination.
Impact of WWII:
- Legal evolution catalyzed post-war by global outrage over atrocities; formulation of principles like Roosevelt's "Four Freedoms" significantly influenced human rights discourse.
- The realization of the Holocaust highlighted glaring inadequacies in international humanitarian efforts, thus necessitating reform and commitment in international law.

The Evolution of Human Rights Legal Frameworks

Universal Declaration of Human Rights (UDHR):
- Launched in 1948 as a pivotal non-binding declaration, reflecting globally acknowledged rights far beyond imperialistic confines.
- The declaration comprises civil and political liberties plus other social/economic rights which were generally acceptable to the member states.
Legal Binding Treaties and Their Significance:
- Subsequently, the establishment of legally binding frameworks like ICCPR and ICESCR in 1966 aimed at solidifying rights acknowledged in the UDHR.
- Conventions which prohibit discrimination, torture, and protect children's rights emerged thereafter as part of structured efforts to enhance human rights safeguarding.

Political Dynamics Impacting Treaty Development

U.S. Position Towards Human Rights Treaties:
- Historical opposition to legally binding commitments due to fears of overreach into domestic affairs; Article preferences shaped discussions around ICCPR.
- Domestic political dynamics influenced international leadership; reluctance tied to Cold War politics and perceptions of rights as potential threats to state sovereignty.
Emergence of Negligence:
- The legislation on Genocide Convention and states not asserting strong commitments led to unnecessary hurdles for human rights development through treaties.
Classifications of Treaties & Impact:
- Categories of treaties (ICCPR, ICESCR, CAT, CEDAW) developed alongside ongoing conceptions of civil rights vs. economic rights dominate discourse.

Ongoing Challenges and Future Considerations

Impacts of Contemporary Politics:
- Ongoing structural changes affecting states’ willingness to commit to human rights frameworks as new developments and systemic challenges arise in global politics.
Critical Reflections on NGOs and Treaties:
- Ongoing scrutiny around the role of international NGOs in shaping policy and their ability to mobilize effectively remains crucial to legal individual rights advancement.

Main Argument

The twentieth century represents a fundamental shift in the international order, characterized by the transition from absolute state sovereignty to a regime of international accountability. This evolution was driven by the global trend toward democratization, the refinement of international legal monitoring mechanisms, and the emergence of a robust transnational civil society. These factors combined to challenge the notion that a state's treatment of its citizens is beyond external scrutiny, leading to the creation of a systematic, though often contested, international human rights framework.

Section 1: The Global Context: The Intensification of State Accountability in the Twentieth Century

Post-WWII Paradigm Shift: The latter half of the century saw a systematic international response to human rights atrocities.
Framework of Rights: Efforts focused on civil, political, economic, and social rights, alongside anti-discrimination measures.
Legal Evolution: The emergence of legally binding covenants replaced purely moral declarations, aiming for universality while navigating the hegemonic interests of powerful states.

Section 2: Democratization

Limiting Authority: Democratization has been a primary driver for human rights, as it fosters the rule of law and institutions (e.g., free press, elections) that hold public authority accountable.
Growth Statistics: The proportion of the world's population living in democracies grew significantly from the mid- $1800$ s, reaching approximately $30\%$ in the $1990$ s and $58\%$ by the year $2000$ .
Historical Movements: Civil rights movements were propelled by the breakdown of empires and the aftermath of global conflicts (e.g., movements led by Gandhi and Nkrumah).

Section 3: Accountability in International Law

From Classical to Post-Classical: International law transitioned from focusing strictly on state-to-state relations to including individuals as subjects with rights.
Governance Requirements: The proliferation of monitoring agreements in areas like trade, arms control, and the laws of war established precedents for international oversight that eventually extended to human rights.

Section 4: International Civil Society

The Role of NGOs: Non-governmental organizations have become essential in advocating for international standards and reducing the organizational costs of activism.
Technological Impact: The rise of internet and communication technologies has drastically increased the capacity for NGOs to mobilize and educate the public on a global scale.
UN Integration: Since $1968$ , NGOs have gained formal and informal channels within United Nations processes, allowing them to demand state accountability directly.

Section 5: The Influence of Wartime on Human Rights

Pre-WWII Legal Gaps: Historically, international law largely ignored individual rights, often prioritizing imperialist domination over the protection of populations.
Catalyst for Change: The atrocities of World War II and the Holocaust revealed the failure of existing humanitarian efforts, necessitating a legal overhaul. Roosevelt's "Four Freedoms" served as a critical rhetorical foundation for this change.

Section 6: Toward Legalization: Progress and Hesitation

The UDHR ( $1948$ ): The Universal Declaration of Human Rights was a pivotal but non-binding document that established a global consensus on human liberties beyond imperial confines.
Hesitation vs. Commitment: While the UDHR set the stage, the transition to legally binding treaties was slowed by the tension between universal ideals and state sovereignty.

Section 7: Putting on the Brakes: The United States and the Politics of Opposition to Legalization

Fear of Overreach: The U.S. historically resisted legally binding human rights commitments due to concerns that international oversight would interfere with domestic policies.
Cold War Dynamics: Human rights discourse was frequently weaponized or suppressed based on Cold War political alignments, with the U.S. often preferring non-binding declarations over treaties like the ICCPR to protect its sovereign interests.

Section 8: Early Agents of Legalization

The Genocide Convention: One of the earliest agents of legalization, though it faced hurdles as states were often reluctant to assert strong, enforceable commitments.
Initial Frameworks: The move toward legalization was driven by a mix of mid-sized powers and non-state actors who sought to codify the principles mentioned in the UDHR into enforceable law.

Section 9: The 1970s and Beyond: The Acceleration of Legal Development

Solidifying Treaties: The establishment of the ICCPR and ICESCR in $1966$ (entering into force in the $1970$ s) marked a major step forward.
Proliferation of Conventions: This era saw a surge in specialized legal frameworks, including:
- The Convention Against Torture (CAT).
- The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
- The Convention on the Rights of the Child (CRC).

Section 10: Conclusion

Contemporary Dynamics: Structural changes in global politics continue to influence a state's willingness to commit to human rights frameworks.
The Path Forward: Ongoing scrutiny from international NGOs and the continued evolution of legal treaties remain the primary mechanisms for the advancement of individual rights in an increasingly complex political landscape.