The third era of human rights: global accountability

Abstract

This article argues that the trend in the current protection of human rights may be seen as a revival of an old idea: governments are accountable for their actions. The protection of human rights has gone through three eras. In the first era, the Catholic Church in the Middle Ages claimed to rule from a divine mandate. This principle of natural law was a unifying factor in western Europe because it created a standard system of morality. The second era, beginning in the seventeenth century with the doctrine of state sovereignty, rejected that natural law. Rulers wanted to run their own territories and not be subject to foreign influence. Laws were created by the ‘national sovereign’ (king, queen, president, parliament, congress and so on). This legal doctrine survived for about three centuries, but the excesses of leaders such as Hitler in the middle of last century forced a re-think. Although the term ‘natural law’ is not used, there has been a revival of its essential meaning: that governments have to be answerable to a higher authority for their behaviour.

Keywords:

• Human rights
• International Criminal Court
• International law
• Natural law
• Sovereignty
• United Nations