Human Rights in International Law (AQA A-Level Law): Revision Notes
The Second World War and Its Aftermath
Historical context and the origins of the Second World War
The Second World War (1939-45) emerged as a consequence of unresolved tensions and grievances that had been developing in Europe since the end of the First World War in 1918. Understanding this historical background is essential for comprehending why the international community prioritised human rights protection after 1945.
Following Germany's defeat in the First World War, the Treaty of Versailles imposed significant reparations on the country. Germany was required to pay compensation to the Allied forces as punishment for its role in the conflict. These financial penalties left Germany economically devastated and created widespread poverty and resentment among the German population. This economic hardship fuelled the growth of nationalism – a political movement demanding an end to what many Germans perceived as foreign interference and control over their nation.
The Treaty of Versailles created a cycle of economic hardship and resentment in Germany that would have profound consequences. The harsh reparations and territorial losses imposed on Germany created the conditions that extremist political movements would later exploit to gain power.
The rise of the Nazi Party and persecution
Against this backdrop of economic crisis and nationalist sentiment, the National Socialist Party (commonly known as the Nazi Party) emerged as a dominant political force. The Nazi Party rapidly seized control of the German government and began implementing its own system of laws and policies.
The Nazi ideology was founded on the concept of a "master race" – the belief that certain ethnic groups were superior to others. The Nazi government enacted laws designed to benefit those it considered racially pure while systematically restricting and violating the rights of groups it deemed inferior or threatening to German society. The primary target of this persecution was Germany's Jewish population, though other groups including Roma people, disabled individuals, political opponents, and homosexuals also faced severe discrimination and violence.
The Nazi ideology represented a complete rejection of fundamental human rights principles. By creating a legal system based on racial hierarchy, the Nazi government demonstrated how state power could be used to systematically deny basic human dignity and rights to entire groups of people.
Human rights violations during the war
Before and throughout the Second World War, the Nazi regime carried out systematic human rights abuses on an unprecedented scale. Ethnic minority groups in Germany and in countries under Nazi occupation (such as Poland) were subjected to:
- Forced displacement from their homes and communities
- Deportation to concentration camps
- Forced labour under brutal conditions
- Systematic extermination through mass killings
These actions represented a complete denial of basic human rights and dignity. The Nazi state demonstrated how a government could strip its own citizens and those in occupied territories of fundamental rights without any effective international intervention to stop the atrocities.
Common Mistake to Avoid: It's crucial to understand that these violations were not isolated incidents or the actions of individual criminals. They were state-sponsored, systematic policies implemented through official laws and government machinery. This distinction is fundamental to understanding why international human rights law developed as it did.
The end of the Second World War
The Second World War in Europe officially ended on 7 May 1945, when Germany surrendered unconditionally to the Allied forces. This date marked the formal cessation of hostilities in Europe and brought an end to the crimes committed by Nazi Germany against human rights.
By the war's conclusion, Europe lay in ruins. Millions of people had been killed, entire cities destroyed, and the continent faced massive displacement of populations. Most significantly, the full extent of Nazi atrocities became apparent to the world, causing international shock and horror.
The end of the war in Europe did not immediately end all conflict. The war in the Pacific continued until Japan's surrender in August 1945. However, the European theatre's conclusion allowed the Allied powers to begin confronting the evidence of Nazi atrocities and planning for post-war international order.
The Holocaust
The Holocaust refers to the genocide of over six million Jews by Adolf Hitler's Germany and its allied states. This systematic, state-sponsored murder also claimed millions of other victims from targeted groups.
The discovery of concentration camps and the evidence of industrial-scale genocide revealed how easily one nation had been able to remove or deny fundamental rights to its citizens and those under its control. This revelation was viewed as an egregious violation of basic human dignity and demonstrated the urgent need for international human rights protections.
Critical Lesson from the Holocaust:
The Holocaust showed the international community that domestic legal systems alone could not be relied upon to protect human rights. When a state itself becomes the perpetrator of human rights violations, there must be international mechanisms to intervene and hold governments accountable.
This realization became the foundation for modern international human rights law and the principle of universal human rights that transcend national sovereignty.
The formation of the United Nations
The League of Nations
Before the Second World War, the international community had established the League of Nations following the First World War. This organisation was intended to resolve international disputes and maintain peace. However, the League of Nations proved largely ineffective. Its decisions and recommendations were routinely ignored by Nazi Germany and other aggressive states. The League lacked enforcement mechanisms and the authority to prevent the aggression that led to the Second World War.
Why the League of Nations Failed:
The League's failure teaches important lessons about international organizations. It lacked three critical elements:
- Enforcement powers to implement its decisions
- Universal membership (notably, the United States never joined)
- The ability to act decisively when faced with aggressive states
Establishing the United Nations
The United Nations (UN) was formed in 1945 to replace the failed League of Nations. The organisation was created with a broader and more robust mandate than its predecessor.
The primary purposes of the United Nations are:
- Maintaining international peace and order
- Promoting and protecting human rights worldwide
- Providing dispute resolution mechanisms between Member States
- Fostering international cooperation on social and economic issues
The UN has grown significantly since its establishment. By 2017, it had 193 Member States, making it a truly global organisation representing nearly all sovereign nations. Its main offices are located in New York and Geneva.
The Growth of the UN:
The expansion from 51 founding members in 1945 to 193 members by 2017 reflects the process of decolonization and the creation of new independent states throughout the 20th century. This near-universal membership gives the UN greater legitimacy and authority than the League of Nations ever achieved.
Structure of the United Nations
The UN operates through six primary organs (institutional bodies), each with specific functions and responsibilities. The three key organs relevant to human rights and international law are:
- The General Assembly – the main deliberative body where all Member States have equal representation
- The Security Council – responsible for maintaining international peace and security, with powers to authorise military intervention
- The International Court of Justice – the principal judicial organ for settling legal disputes between states
The UN also maintains a peace-keeping force that can be deployed to military conflict zones to maintain or restore peace, protect civilians, and monitor ceasefires.
Understanding UN Structure:
Each organ serves a distinct purpose:
- The General Assembly ensures democratic representation where each state has one vote
- The Security Council can take binding decisions and authorize force, making it the most powerful organ
- The International Court of Justice provides a legal forum for resolving disputes peacefully between states
This separation of functions allows the UN to address different aspects of international peace and security simultaneously.
Significance for human rights law
The Second World War and its aftermath fundamentally transformed international law. The atrocities committed during the war, particularly the Holocaust, demonstrated that human rights could not be treated as purely domestic matters. The international community recognised that there must be universal standards for human rights protection and international mechanisms to enforce these standards.
This realisation led directly to the development of international human rights law, beginning with the Universal Declaration of Human Rights in 1948 and continuing with regional human rights instruments such as the European Convention on Human Rights. The principle was established that individuals have rights that transcend national boundaries and that the international community has a responsibility to protect these rights.
Fundamental Shift in International Law:
Before the Second World War, how a state treated its own citizens was considered a domestic matter beyond international law's reach. The Holocaust changed this forever. The international community established that:
- Human rights are universal and apply to all people
- States cannot hide behind sovereignty when committing mass atrocities
- The international community has both the right and duty to intervene in cases of severe human rights violations
The legacy of the Second World War created the modern framework of international human rights law, establishing that human rights are universal, inalienable, and deserving of international protection and enforcement.
Key Points to Remember:
- The Second World War (1939-45) revealed how states could systematically violate human rights without effective international intervention
- The Holocaust – the genocide of over six million Jews – shocked the world and demonstrated the urgent need for international human rights protections
- Germany surrendered on 7 May 1945, ending the war in Europe and exposing the full scale of Nazi atrocities
- The League of Nations failed to prevent the war because it lacked enforcement powers and was ignored by aggressive states
- The United Nations was established in 1945 to replace the League of Nations, with a mandate to maintain international peace and promote human rights globally
- The UN has 193 Member States (as of 2017) and operates through six primary organs, including the General Assembly, Security Council, and International Court of Justice
- The war's aftermath established that human rights are universal and transcend national boundaries, creating the foundation for modern international human rights law