The turning point for the traditional approach in...

The turning point for the traditional approach in International law came in 1940’s in midst of the extreme human rights abuses in war-torn Europe during the World War II shocking crimes were committed against the humanity and there was a total suppression of fundamental human rights. Nazi leaders of Germany have established a regime of complete lawlessness and tyranny. They had barbously negated human values and dignity within their territories under their occupation.

It was at that time realized that the restoration of the freedoms and rights to the people is one of the essential conditions for the establishment of international peace and security. Violation of human rights was considered as a source of International conflict and protection of human rights was regarded as necessary for international peace. This conviction was reflected in the proclamation issued by President Franklin D, Roosevelt on January 6, 1941 which came to be known as ‘Four Freedoms’.

These he listed as freedom of speech, freedom of religion, freedom from want and freedom from fear. In the message he declared; “freedom means the supremacy of human rights every where. Our support goes to those who struggle to gain these rights or keep them”. It was rightly recognized goal which can be found through the above freedoms[^38] . The same efforts for the creation of an international organization, in order to establish peace, were being made even when the World War II was in progress.

A number of conference and meetings were held before the United Nations, an international organization was established in 1945. Many declaration adopted by the conference laid down the importance of human rights[^39] . Later, at San Francisco conference it was expressed by several delegates that eh United Nation’s should established an International Bill of Rights.

Although that could not be done it was realized by the members that it should be the obligation of the International community to co-operate in eradicating the scourge of war, and they were therefore determined that the promotion and respect for human rights which at present constitute so important and so conspicuous be an integrated part of the United Nation’s charter.

The result was that the charter contains provisions for the promotion and protection of human rights and fundamental freedoms in the preamble and in Articles[^40] .