The United Nations (AQA A-Level Law): Revision Notes
The United Nations
Historical context: the Second World War and its aftermath
The Second World War (1939-45) emerged from unresolved tensions following the First World War. After Germany's defeat in 1918, the Allied powers imposed harsh reparations which left Germany economically devastated. This impoverishment fuelled the rise of nationalist movements demanding freedom from foreign influence and control.
The National Socialist Party (Nazi Party) gained political control and established laws designed to benefit what they deemed the 'master race' whilst systematically restricting the rights of groups they considered undesirable, particularly Jewish communities. During the war, ethnic groups across Germany and Nazi-occupied territories (including Poland) were forcibly removed from their homes, transported to concentration camps, and either subjected to forced labour or killed.
When Germany surrendered to Allied forces on 7 May 1945, the war in Europe formally ended. The Holocaust – the genocide of over six million Jews by Nazi Germany and its allies – shocked the international community. The ease with which a sovereign nation had removed fundamental rights from its own citizens and those in occupied territories was recognised as a profound violation of basic human dignity.
Exam tip: Focus on why the UN was established rather than detailed analysis of the war's causes. Questions will centre on the creation of international human rights frameworks, not wartime history.
Formation and purpose of the United Nations
The League of Nations, created after the First World War to resolve international disputes, had proved ineffective as Nazi Germany largely ignored its decisions. Learning from this failure, the international community established a stronger organisation.
The United Nations (UN) was formed in 1945 to replace the League of Nations. Its core purposes are:
- Maintaining international peace and order
- Promoting and protecting human rights globally
- Providing dispute resolution mechanisms between Member States
By 2017, the UN comprised 193 Member States, making it a truly global organisation representing most sovereign nations.
Structure of the United Nations
The UN operates through six primary 'organs' or institutional bodies. The most significant include:
- General Assembly – the main deliberative body where all Member States have representation
- Security Council – responsible for maintaining international peace and security
- International Court of Justice – the principal judicial body for resolving legal disputes between states
The organisation also maintains a peace-keeping force deployed to conflict zones during times of military tension. The UN's main offices are located in New York and Geneva, reflecting its international scope and accessibility.
The Universal Declaration of Human Rights 1948
Determined to prevent future atrocities like those witnessed during both world wars, the United Nations developed the Universal Declaration of Human Rights in 1948. This landmark document was created collaboratively by UN representatives from diverse countries, cultures, faiths and belief systems worldwide.
Purpose and scope
The Declaration established common expectations and standards for countries that became signatories. It outlined the basic human rights that nations were expected to protect and promote for their citizens. These standards were intended to create a universal baseline for human dignity and freedom.
Legal status
Crucially, the Declaration was voluntary rather than binding. While countries who signed the Declaration committed to upholding its principles, there was no legal enforcement mechanism compelling them to do so. This limitation would later influence the development of regional human rights frameworks with stronger enforcement provisions.
The Council of Europe and the European Convention on Human Rights
Formation of the Council of Europe
Operating on a more geographically focused level than the UN, the Council of Europe was established in 1949 for similar humanitarian purposes. British Prime Minister Winston Churchill championed this initiative during and after the Second World War.
The Council's primary objectives were to:
- Foster greater unity between European nations
- Promote cooperation and coordination between member states
- Prevent future European conflicts through diplomatic engagement
The European Convention on Human Rights 1953
Building upon the foundations laid by the Universal Declaration of Human Rights, the Council of Europe drafted the European Convention on Human Rights (ECHR) in 1950. The Convention formally came into force in 1953.
Unlike the UN's Declaration, the ECHR established an enforcement mechanism through the European Court of Human Rights. This court was specifically created to enforce Convention rights and adjudicate disputes, drawing its philosophical inspiration from the Universal Declaration whilst providing legally binding decisions.
The UK and the ECHR
The United Kingdom signed the European Convention on Human Rights in 1950, demonstrating early commitment to the Convention's principles. However, the Convention did not become part of domestic UK law until much later. It was only when the Human Rights Act 1998 came into effect in 2000 that Convention rights became directly enforceable in British courts.
Significant Gap in Implementation
This fifty-year gap between signing and incorporation is significant. During this period, UK citizens could bring cases to the European Court of Human Rights in Strasbourg, but they could not rely on Convention rights directly in domestic courts.
Exam guidance: When answering questions on this topic, ensure you distinguish between the UN (global), Council of Europe (regional European organisation), Universal Declaration (non-binding), and ECHR (legally enforceable through the European Court). Questions may test your understanding of these distinctions and their chronological development.
Remember!
Key Points to Remember:
- The UN was formed in 1945 to replace the ineffective League of Nations, with 193 Member States by 2017
- The Universal Declaration of Human Rights 1948 established voluntary (non-binding) international human rights standards
- The Council of Europe (founded 1949) operates on a regional European level to promote unity and cooperation
- The European Convention on Human Rights was drafted in 1950 and came into force in 1953, creating legally enforceable rights through the European Court of Human Rights
- The UK signed the ECHR in 1950 but only incorporated it into domestic law in 2000 through the Human Rights Act 1998
Highlighted Key Terms:
- Holocaust: genocide of over six million Jews by Nazi Germany and its allies
- United Nations: international organisation achieving international order through representatives from most sovereign nations, with peace-keeping forces and offices in New York and Geneva
- Universal Declaration of Human Rights 1948: non-binding statement of common human rights standards
- Council of Europe: regional organisation promoting European unity (distinct from the European Union)
- European Convention on Human Rights 1953: legally enforceable human rights framework for Europe