Rights in the Postwar World

Rights in the Postwar World
(1) The United Nations
(2) The Universal Declaration of Human Rights
(3) The Cold War
(4) Covert Ops
(5) The Third World: Beyond the UN?
Criminalizing War
1. U.S. Army Order No. 100 (Lieber Code), 1863
2. International Standing Committee for Aid to Wounded
Soldiers (Red Cross), 1863, resulting in “Geneva
Convention for the Amelioration of the Condition of
the Wounded in Armies in the Field,” 1864
3. First Hague Peace Conference, 1899
4. Second Hague Peace Conference, 1907, resulting in
Convention No. IV on “laws and customs of war”
5. Kellogg-Briand Pact, 1928
6. Geneva Convention, 1929
7. Charter of the United Nations, 1945
8. Universal Declaration of Human Rights, 1948
9. Fourth Geneva Convention, 1949
10. Additional Protocols, 1977
Charter of the United Nations (1945)
Article 2
The Organization and its Members . . . shall act in
accordance with the following Principles:
1. The Organization is based on the sovereign equality of
all its Members. . . .
Charter of the United Nations (1945)
Article 2
The Organization and its Members . . . shall act in
accordance with the following Principles:
1. The Organization is based on the sovereign equality of
all its Members. . . .
3. All Members shall settle their international disputes by
peaceful means in such a manner that international peace
and security, and justice, are not endangered.
Charter of the United Nations (1945)
Article 2
4. All Members shall refrain in their international relations
from the threat of use of force against the territorial
integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the
United Nations.
Charter of the United Nations (1945)
Article 2
4. All Members shall refrain in their international relations
from the threat of use of force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the
United Nations.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are
essentially within the domestic jurisdiction of any state or
shall require the Members to submit such matters to
settlement under the present Charter. . .
Charter of the United Nations (1945)
Article 33
1. The parties to any dispute, the continuance of which is
likely to endanger the maintenance of international peace
and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial
settlement, resort to regional agencies or arrangements,
or other peaceful means of their own choice.
Article 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 recommendations, or decide
what measures shall be taken . . .
Charter of the United Nations (1945)
Article 51
4. Nothing in the present Charter shall impair the
inherent right of individual or collective self-defense if
any armed attack occurs against a Member of the
United Nations, until the Security Council has taken
measures necessary to maintain international peace and
security. . . .
Universal Declaration of Human Rights (1948)
Eleanor Roosevelt
Universal Declaration of Human Rights (1948)
Drafting Committee
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)
Peng-chun Chang
Peng-chun Chang
Universal Declaration of Human Rights (1948)
Article 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.
Article 2
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. . . .
Universal Declaration of Human Rights (1948)
Article 3
Everyone has the right to life, liberty and security of
person.
Article 4
No one shall be held in slavery or servitude; slavery and
the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Universal Declaration of Human Rights (1948)
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by
an independent and impartial tribunal, in the determination of
his rights and obligations and of any criminal charge against him.
Universal Declaration of Human Rights (1948)
Article 11
1. Everyone charged with a penal offence has the right to be
presumed innocent until 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 constitute a penal offence,
under national or international law, at the time when it was
committed. . . .
Universal Declaration of Human Rights (1948)
Article 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.
Article 14
1. Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.
Universal Declaration of Human Rights (1948)
Article 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, practice, worship and
observance.
Article 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
information and ideas through any media and regardless of
frontiers.
Universal Declaration of Human Rights (1948)
Article 20
1. Everyone has the right to freedom of peaceful assembly and
association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives. . . .
3. The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free
voting procedures.
Universal Declaration of Human Rights (1948)
Article 22
Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.
Universal Declaration of Human Rights (1948)
Article 23
1. Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to
protection against unemployment.
2. Everyone, without any discrimination, has the right to equal
pay for equal work.
3. Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
4. Everyone has the right to form and to join trade unions for
the protection of his interests.
Universal Declaration of Human Rights (1948)
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.
Harry Truman and Joseph Stalin
Harry Truman and Joseph Stalin
US Secretary of State
1947-53 (Truman)
Dean Acheson
John Foster Dulles
Allen Dulles
CIA Director
1953-61 (Eisenhower, Kennedy)
John Foster Dulles
Zhou Enlai (China)
Nehru (india)
Ho Chi Minh (Vietnam)
Bandung Conference 1955
Bandung Declaration 1955
1.Respect for fundamental human rights and for the
purposes and principles of the Charter of the United
Nations.
2.Respect for the sovereignty and territorial integrity of
all nations.
3.Recognition of the equality of all races and . . . all
nations large and small.
4.Abstention from intervention or interference in the
internal affairs of another country.
5.Respect for the right of each nation to defend itself.
Bandung Declaration 1955
6. (a) Abstention from the use of arrangements of
collective defence to serve any particular interests of the
big powers.
(b) Abstention by any country from exerting pressures on
others.
7. Refraining from acts or threats of aggression or the
use of force against the territorial integrity or political
independence of any country.
8. Settlement of all international disputes by peaceful
means . . .
9. Promotion of mutual interests and cooperation.
10. Respect for justice and international obligations.
Allen Dulles
CIA Director
1953-61 (Eisenhower, Kennedy)
Fidel Castro in NY 1960
CIA Director
1953-61 (Eisenhower, Kennedy)
Allen Dulles
Fidel Castro with
Nikita Khrushchev
at UN 1960
CIA Director
1953-61 (Eisenhower, Kennedy)
Allen Dulles
Bay of Pigs 1961
Ho Chi Minh