Editorial : fifty years after the Universal Declaration of Human Rights

Abstract

This article considers the historical, philosophical and juridical implications behind the widely-accepted notion of "fundamental human rights" and their gradual progression from natural law to positive law. Reference is made to a number of international instruments, particularly the Universal Declaration of Human Rights. Three forms of protection of human rights are mentioned: namely promotion and control which are meant to strengthen human rights within national jurisdictions and the development of superior forms of international jurisdiction to replace national jurisdiction where this is inadequate or non-existent. In this respect, the author links the fiftieth anniversary of the Universal Declaration of Human Rights to the recent signing in Rome of the Statute setting up a Permanent International Criminal Court, seeing this as a step towards the more effective enforcement of human rights. He retraces the controversies and difficulties encountered when drawing up the final draft of the statute of Rome and also reviews the principal contents of this statute; in particular the crimes in respect of which the International Criminal Court would be able to exercise jurisdiction. The obstacles which have to be overcome before the ICC starts to operate are also considered. These include, inter alia, obtaining sufficient ratifications for the statute to enter into force, the drafting of legal texts and regulations and the negative attitude adopted by certain influential states who have voted against the Statute of Rome.