3
The United Nations and the
New Legal Order of the World

The establishment of the United Nations Organization in 1945 was the central act of recognition by the war-surviving generation that something striking had to be done to avoid the recurrence of such disasters. It at once became the popular sign and symbol, for such people as could raise their vision and ideas above merely local considerations, that something actually was being done, whether within the UN or, as was the case with much of what follows below, at one or two removes from it.

The law of the Charter was the hub of the international community's post-war reconstruction of its legal apparatus. Whether in restatements of classic principles (e.g. States' sovereignty in domestic jurisdiction) or assertions of new ones (e.g. prohibition of all but defensive self-help by States), the UN Charter at once became the authoritative statement of law for the conduct of international relations, at the same time as it authorized the establishment of all the new organs which were to assist them.

At a certain remove from it was the law of war. Already centuries-old, it would have continued to serve the community whether the UN had been born or not. Optimists about the new order tended not to like the thought pressed on them by the more pessimistic that the new order was unlikely to make so clean a break with the past as to rob this branch of international law of its traditional usefulness. They made no difficulty, however, about using it to support the prosecution of the men who had brought the old order to its terrible close. Old-style 'war crimes' figured in the Nuremberg and Tokyo indictments equally with new-style 'crimes against peace' and 'crimes against humanity'.

'Crimes against humanity' were a canny, cautious half-way house to human rights. They were so to speak invented (in fact distilled, like human rights proper, from a confluence of cultural streams) in order to make possible the prosecution of Axis leaders for the dreadful things they had done distant from battle-fronts and in time of peace as well as war; crimes which the traditional law of war could by no means be stretched to cover. So far, the description would just as well fit crimes against human rights, plans for the protection of which were beginning to be canvassed during the same years as witnessed the drafting of the Nuremberg indictment. Human

-67-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
War and Law since 1945
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 434

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.