In what ways has the international community’s concern with human rights evolved since 1945? How has this led to the idea of “transnational justice”? The Nuremberg Trial was the first step that the International community has developed to bring the violators of human rights during the Second World War (WWII), especially the German leaders (military and civilians) who were accused of crimes of war and genocide, racial hatred, cruelty of power, etc.
Before the Nuremberg Trial, the international convention was there with no specific definition of war crimes, genocide, and mass violence; also there was not an international relationship between States and international laws in place to protect human rights and to build the strong international system that could hold accountable everyone who’s abusing Human rights (Frankel, 1995).
The American idea of bringing the Nazis Leaders into Nuremberg Trial was the fundamental of many more comprehensible consensus that have been created since 1945 nor only to promote human rights, but also to develop different international systems and laws that will prevent and punish those who commit any type of crime against humanity.
Post- World War II was the period where the entire global community reflected on the horrors of Nazism, how much human beings have affected by WWII and the material losses of war. A few years later, in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), and this was the first international legal effort to limit the behavior of states and to pressure them to act with respect for the inalienable rights of every human being (Frankel, 1995).
After the creation of the UDHR, a series of International treaties were signed in the protection of human rights and bringing people responsible for war crimes and other human rights violations anywhere around the World into International, or regional justice. The most important treaties that were signed after UDHR are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural (ICESCR) both were signed in 1966, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was also signed in 1981 just make sure all people are treated equally regardless of their gender.
The 1990s was the period marked by civil war and genocide where the Conventions already formed in Europe and the rest of the World continued to develop their ideas on how the global community can hold accountable all States Leaders and Personnel who were continued to violate human rights and committing many other crimes that the International was concerned. The International Criminal Tribunals for any type of war crime anywhere around the globe were formed such as the International Criminal Tribunal for the former Yugoslavia (ICTY) that was created in 1993 to deal and prosecute everyone responsible for different cases related to genocide, ethnic cleansing and sexual abuse from the Bosnian war. Right after the creation of the ICTY, the International Criminal Tribunal for Rwanda (ICTR) was formed to bring all who’ve been involved in Rwanda Genocide against Tutsis in 1994, and it has followed by the creation of the International Criminal Court (ICC) in 2001 (Nickson, 2013).
The ICC is now the most powerful International Court that was created to exercise its jurisdiction over persons for the most serious crimes of International concern. It was a long process for the global to come out with the great idea of transnational justice. The ICC has extended the justice from country level to the International level which makes everyone feel under the law. The ICC works closely with governments and some International Legal Organizational to promote peace and hold accountable those human rights violators without violating anyone or country’s Sovereignty rights. This path led to the creation of the UN Human Rights Council in 2005, whose mandate seeks to investigate allegations of human rights violations. The Human Rights Council may require the Security Council to intervene in extreme cases (Fourcade and Joachim, 2006).
On if economic, political, social, or cultural rights are more critical for the pursuit of transnational justice Yes, economic, political, social and cultural rights are more critical for the pursuit of transnational justice. For the transnational justice to be delivered, it is necessary that people’s political, social, and cultural rights are well respected. When the political rights of the people of any State are respected, the people’s political voice becomes strong. Historically, transnational justice has failed to provide justice to many people around the globe due to the authoritarian rule that gave power to some State leaders to impose their political views against their citizens. When you look at how the International politic has been in years the 1970s and 80s, many States violated the so-called international norms and there was no follow up because the World political system which was in struggle to deal that political chaos.
As we talk transnational justice, socio-economic rights is very important for all human being to exercise their rights to live but the international law (authoritarian) along with economic war has affected so many communities around the globe and cause a lot of consequences to many especially children due to malnutrition. When the economic rights of people of any country are respected, they get empowered economically. International organizations like the United Nations have played a key role to promote the global system called ‘ Transnational Justice” to end all economic injustices and providing some serious policies related to the socio-economic rights violations. Transnational justice has now the authority and responsibility to hold accountable everyone including State Leaders committing crimes related to socio-economic and cultural rights (Eibe, 2014).
I believe that political and economic rights are the most essential to enforce transnational justice because of how both affect everyone’s daily live, and it’s also complicated to talk about justice when there is no economic opportunities for the population (jobs, etc.). Of course, this doesn’t mean that cultural and social rights are no important. When people’s social and cultural rights are well protected and respected, then the people become more tolerant of each other (Gilles, 2014). When all these things go well, it becomes easy to achieve transnational justice, and it is also necessary to find a balance variable to achieve a fair and truly democratic scenario.
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