How World War II Shaped the Definition of Human Rights - Coursework Example

How World War II Shaped The Definition of Human Rights I. Introduction For many generations, wars have changed the fate of the human race. War after war redefines the rights of the person and how these rights should be protected under the law of nations. Time and again, the definition of human rights was tested. The atrocities of World War II defied the definition of human rights (Adams, S. & Crawford, A. 2000). The League of Nations which was established in 1919 in the aftermath of World War I tried to define human rights in the Treaty of Versailles1 but the definition was too limited that it failed to give concrete protection to people within the larger framework of society. Other documents recognizing human rights including the United States Bill of Rights, the British Magna Carta and the French Declaration of Rights of Men also failed to provide a comprehensive definition of what human rights are thus many of the crimes committed World War II went unpunished. World leaders at that time did not have strong appreciation of what human rights should be and how such right should be rooted on the ideals of freedom, justice and peace. Commitment towards these ideals was very weak at that time. In fact, the countries who were then members of the League of Nations did not have strong commitments towards the league itself and the organization eventually collapsed. The collapse of the league led to World War II where over 70 million people, mostly unarmed civilians died (Dunningan, 1994). World War II is one of the darkest times in human history. For many years, innocent people, mostly women and children were systematically tortured and killed all over the world. Both sides of the conflict committed hideous crimes which left millions of people dead and millions of others homeless. The bombing of Hiroshima and Nagasaki marked one of the worst Human Rights violations along side with the holocaust in this era. The bombing of Hiroshima and Nagasaki killed about 40,000 to 75,000 people on the spot and by the end of 1945; reports estimated a total of 80,000 people dead from those incidents (Rinjiro Sodei, 1998). The destruction directly caused by the explosion reached about a mile while the fire that followed the explosion burned about two miles across the city. Casualties of the bombing include combatants and non-combatants (Rinjiro Sodei 1998). On the other hand, major crimes were committed away from the battle grounds include the Holocaust which killed millions of innocent people from all ages. Records show that about 6 million people died during the Holocaust of roughly 78 percent of the 7.3 million Jews who were living in Europe during that time (Gilbert, Martin, 1988). Aside from the Jews, people who were deemed as unworthy to live were also executed which include gays, the disabled, the Slavs, the political activists, the Freemasons and Jehovahs witnesses and others (Gilbert, Martin, 1988). Even children who were handicapped were not spared from the brutalities of war. In fact, the Nazis devised a program that is meant wipe out children with special needs from the face of the earth. The Euthanasia Program also known as the T-4 Program was designed to kill children who are judged to be "incurably sick."(Protor R. N. 1988). Since there was no strong definition of what Human Rights should be, the victims of the war have little protection. It was therefore left unto the hands of world leaders at that time to come up with human rights standards that can amply protect human beings, be it during the time of war or peace. II. Redefining Human Rights And Human Rights Violations The atrocities committed by combatants and non-combatants alike during World War II lead nations around the world to re-think its definition of human rights. The crimes committed the Nazis which range from extermination of homosexuals, persons with disabilities, the Jews, the Sinti and the Romani shocked the sense of humankind (Gilbert, Martin, 1988). These crimes were so gruesome that defeated country were held liable for "crimes against peace" and "crimes against humanity" during the trials help in Nuremberg and Tokyo in the aftermath of World War II (Glendon, Mary Ann, 2004). Of course these nations who were defeated during the war were not the only ones who committed some heinous crimes during the war. Allied nations including the United States also killed innocent civilians during the war years but since there was not clear definition of what human rights violations are during that time, that it was difficult to prosecute nations for human rights violations (Boyle, Francis A. 2002). The decisions in the case of Ryuichi Shimoda et. al. v. The State2 said as much that effect. According to the decisions of the case, the attacks on Hiroshima and Nagasaki resulted to severe and indiscriminate suffering among the victims and in effect violated the most basic legal principles of war but the decision wavered when it comes to giving a conviction and awarding damages. (Shimoda et al. v. The State, Tokyo District Court, 7 December 1963; see alsoFalk, Richard A. 1965). Since there was no clear definition of what human rights out to be, government around the world seek to establish a clear view of the issue. The essence of what human rights ought to be was captured by then President Franklin Roosevelt in his state of the union address when he outlined the four fundamental freedoms that people should have namely, the freedom of speech and expression, the freedom of religion, freedom from want and the freedom from fear. History tells us that together with the events of World War II; this particular speech of President Roosevelt helped shaped the definition of human rights (Ball & Gready, 2007). However, the task of ultimately defining what human rights should be fell on the shoulders of the United Nations. The task of defining the rights of human beings became one of the priorities of the United Nations when it was established in 1945. Technically, the human rights provisions set forth in the UN Charter was the result of the widespread violations of human rights during World War II (Ball & Gready, 2007). The framers of the United Nations Charter understand that if peace and promotion of human right is to be observed by nations all over the world, there has to be clear and concise provision of the law that must hold violators liable for their crimes. Furthermore, the framers of the United Nations Charter understand that a certain body should be tasked to monitor and implement the provisions of the law. As it is, Article 55 of the United Nations Charter promotes respect for human lives and sought to enforce the observance of the universal human rights for all. On the other hand, Article 56 mandated that members of the United Nations should help the UN to meet the goals set in Article 55 of the charter while article 60 give the General Assembly the power to execute the mandates of the Charter (Charter of the United Nations 1945). Aside from the UN Charter, another important international document which helped chart the rights of human beings under international law is the Universal Declaration of Human Rights. The horrors of World War II and the Holocaust as well as the grinding poverty that beset the world thereafter pushed nations to create a document that protects human life and at the same time capture the hopes and aspirations of people from all over the world (Morsink, Johannes, 2000). The declaration clearly defined the rights of human beings which recognizes in the first paragraph of its Preamble "… the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world (see www.udhr.org)" The second paragraph of the declaration further stated that: "…the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom (see www.udhr.org)" The Universal Declaration of Human Rights is composed of 30 articles which cover social, economic, political, cultural and civil rights (www.udhr.org). Most prominent of which is article 2 which states that: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty (see www.udhr.org)." Article 2 of the declaration is a clear response of what happened during World War II where many people were persecuted based on the race, color, religion and others. World leaders learned from the experience of the war that basic ideals of freedom need to be expanded so as to give more comprehensive protection to people. The definition of human rights therefore expanded to ensure better protection. In doing so, the declaration was couched in general terms so as to be applicable to all people. The provisions of the declaration were also made indivisible whereby all the rights declared therein to be equally important for human beings to realize their full humanity. In other words, since human rights are virtually indivisible, violation of one right is deemed a violation of one basic right is tantamount to a violation of human rights. Yet, despite the fact the Universal Declaration of Human Rights is well accepted by most countries around the world, it does not have the force of law. In fact, if we take a closer look at the status of the declaration, is not a law which is binding upon nations which are members of the United Nations. However, over the years, it has achieved the status of customary international law because the declaration promotes common standards that are applicable to all nations (Morsink, J. 1999). Over the years, nations all over the world has adopted the basic principles of the declaration and incorporated the same into their constitutions (Morsink, J. 1999). In effect, the rights espoused by the declaration were very much enforceable in the local settings of many countries all over the world. Since the declaration has no powers by itself, the United Nations Commission on Human Rights drafted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (Morsink, J. 1999). These two covenants promote the universal rights of the person and ensure protection against discrimination. The ICCPR is formulated to deal with issues that involve the right to life, the freedom to vote, to religion and speech (Morsink, J. 1999). On the other hand, the ICESCR deals more on social issues such as access to education, food, health services and shelter (Morsink, J. 1999). Aside from the covenants, world leaders also revised and revived the four Geneva Conventions which were adopted long before World War II. These covenants are a s follows: (1) First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field which was first adopted in 1864, (2) Second Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked members of the Armed Forces at Sea which is based on the provisions of the 1907 Hague Convention X (3) Third Geneva Convention relative to the Treatment of prisoners of War which was first adopted in 1929 and (4) Fourth Geneva Convention relative to the Protection of Civilian Person in Times of War which is based on the provision of the 1907 Hague Convention IV (Morsink, J. 1999; www.udhr.org). The idea here is to incorporate an expanded definition of human rights into existing important international documents. In the hope of further protecting the rights of human beings and prevent the repetition of the crimes and injustices committed during World War II, the United Nations further expanded the definition of human rights by adopting 20 principal treaties which enshrine provisions that upholding the sanctity of life (Morsink, J. 1999). One of the most popular covenants that were drawn from the World War II experience are the 1951 Convention Relating to the Status of Refugees which seek to protect vulnerable sectors such as refugees and prohibits genocide and torture ((Morsink, J. 1999). Other equally notable covenants that further expanded the definition of human rights are the 1979 Convention on the Elimination of all Forms of Discrimination Against Women and the 1989 Convention on the Rights of the Child (Morsink, J. 1999). III. Conclusion Looking at the events that followed World War II, we can clearly see the influence of the war on the kind of international legislations and covenants that our leaders entered into. The impact of World War II on the lives of people all over the world was so great that the collective sentiments of the people over the war led to the re-definition of human rights. Where before, human rights were limited to four basic freedoms, now , human rights has a far reaching meaning which encompasses a lot of things that people did not even bother thinking about before World War II. In other words, the crimes committed during the war opened the eyes of people and made them realize that life is fragile and that there is a need to promote the universal rights of people in order for them to fulfill their humanity. Our only regret here is that the appreciation of the universal rights of human beings came at a great cost and loss of millions of lives. Works Cited Adams, S. & Crawford, A. World War II. First edition. Printed in association with the Imperial War Museum. Eyewitness Books series. New York, Doring Kindersley Limited. 2000 Ball Olivia & Gready Paul The No-Nonsense Guide to Human Rights, New Internationalist, Oxford 2006, 2007 pp. 34-36 Boyle, Francis A. The Criminality of Nuclear Deterrence. Atlanta: Clarity Press, 2002 pp. 58-60 Charter of the United Nations (1945). In: The United Nations and Human Rights 1945-1995. Department of Public Information, United Nations, New York 10017, 1995. 6 December 2008 http://www.cirp.org/library/ethics/UN-charter/ Drafting and Adoption of The Universal Declaration of Human Rights 6 December 2008 http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response Dunningan James. Dirty Little Secrets of World War II: Military Information No One Told You About the Greatest, Most Terrible War in History, William Morrow & Company, 1994 Falk, Richard A. (1965-02-05). The Claimants of Hiroshima, The Nation.  reprinted in (1966) "The Shimoda Case: Challenge and Response", in Richard A. Falk, Saul H. Mendlovitz eds.: The Strategy of World Order. Volume: 1. New York: World Law Fund, pp. 307-13. Gilbert, Martin. Atlas of the Holocaust, 1988, pp. 242-244. Glendon, Mary Ann (July 2004). "The Rule of law in The Universal Declaration of Human Rights. Northwestern University Journal of International Human Rights 2 (5), 6 December 2008 http://www.law.northwestern.edu/journals/jihr/v2/5/.  John Nurser, "For All Peoples and All Nations. Christian Churches and Human Rights.". Geneva: WCC Publications, 2005. Morsink, Johannes, The Universal Declaration of Human Rights: Origins, Drafting & Intent Philadelphia: University of Pennsylvania Press, 1999. Morsink, Johannes, The Universal Declaration of Human Rights, University of Pennsylvania Press, 2000 pp 4-5 Robert N. Proctor, Racial Hygiene: Medicine under the Nazis, Harvard 1988, pages 177-191 Sherwin, Martin J.. A World Destroyed: Hiroshima and its Legacies (2nd edition ed.), Stanford University Press. 2003 pp.233-234 Shimoda et al. v. The State, Tokyo District Court, 7 December 1963, 6 December 2008 http://www.icrc.org/ihl-nat.nsf/46707c419d6bdfa24125673e00508145/aa559087dbcf1af5c1256a1c0029f14d?OpenDocument Universal Declaration of Human Rights 6 December 2008 http://www.un.org/Overview/rights.html Read More