ABSTRACT

This chapter provides the context for the subsequent case study analyses. It outlines the emergence of human rights norms in international relations after the Second World War and some of the problems attached to the lack of effective independent enforcement mechanisms. In line with the norm life cycle’s fi rst stage, new norms emerged after the war that were incorporated into the rules and laws of international society. Since the end of the Second World War, a major shift has taken place in international law that is no longer only concerned with states and the relations between them but also recognizes individuals as having rights independently of states. This recognition of individual human rights challenges the very foundations of international law, based on order principles of state sovereignty and non-intervention, to include norms of individual justice. States are still the principal bearers of rights but their duties extend to include concerns for their citizens and human rights more generally. In addition, individuals can be held responsible for their actions.