Saturday, March 9, 2019
International Law and Individual Rights Essay
The internationalist law has been undergoing any(prenominal) evolutions since early and mid 19th century. The original international law place a lot of emphasis on just the land as the custodian of individual rights of its citizens. (L. Oppenheim, 1912. )However, the law deemed inadequate to address individual rights, thus, undermentioned some developments, the law has undergone some trans traffic patternations, which are aimed at promoting individual rights, irrespective of their country, state, race, gender or religion.The main developments which have triggered these evolutions of the international law solelyow in the Holocaust, the Second World War and the physical composition of international criminal courts principally to try the perpetrators of recent genocides like the motive Yugoslavia, and Rwanda The Holocaust was a form of genocide, in which Germany, lead by Adolf Hitler, undertook the extermination of stateless Jews in Germany in which 6 million Jews were killed. Nazi Germany planned and implemented the Holocaust because of the domesticated jurisdiction principle of the then international law, which prevented any other state from interfering when Hitler undertook the persecution of the Jews. This made the Geneva Convention which came into being between 1864 and 1949 as a result of efforts by Henry Dunant, realize that the law unavoidable radical changes to enable the international community to intervene in domestic matters of a nation especially those linked to individual rights (Buergenthal, T. 978 and 1997) The need for only changes to the status of individuals under international law went a notch higher(prenominal) after the Second World War, in which many people woolly their lives due to the state of anarchy which prevailed then.In 1941, President Franklin Roosevelt in his liberty speech called for a world order in which the world could be founded upon four independences namely freedom of speech and expression, global Law and pr ivate Rights 4 reedom of worship in any way, freedom from want and freedom from fear. This was followed by the formation of the United Nations in 1949, whose main concern, among others was to address the International law, so as to empower the international community to address coarse scale violations of individual rights. The international law was further to evolve with the establishment of international criminal courts mainly to try the perpetrators of recent genocides like the former Yugoslavia, and Rwanda which took place in mid 1990s.A treaty to create the overbold international criminal court was formed in 2002, while the international criminal court was formally constituted in 2003, about six-spot decades after the Nuremberg trials (R. K. Woetzel 1962) and the Holocaust. The main objective of this court is to ensure that nations revise their homophile rights aspects in their constitutions and more importantly, prosecute the leaders who oversee the violation of mankind ri ghts. It can be seen that international law has undergone all these evolutions, which are all inclined towards protecting the rights of the individual, not just the nation.
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