Aryaman Kumar, Jindal Global Law School
ABSTRACT
This paper delves into the intricate relationship between the memory of the Holocaust and the evolution of international human rights law (IHRL). It examines historical contexts, philosophical shifts, and contemporary challenges to unravel the nuanced intersection between collective memory and legal frameworks. Beginning with a chronological analysis, the paper explores the emergence of human rights discourse in the welfarist era of the 1940s, where concepts of citizenship and domestic welfare were paramount.
The narrative then transitions to the anti-colonialist stage of the 1970s and 1980s, highlighting the incorporation of human rights into decolonization movements and the emphasis on national self-determination. This phase marks a pivotal shift towards viewing human rights as a global concern intertwined with sovereignty and interventionism.
Furthermore, the paper delves into the humanitarian stage post-1989, where human rights discourse expanded to include prevention of atrocities abroad, reflecting a modern understanding of human rights as a tool for global justice. Central to this evolution is the memory of the Holocaust, which sensitized the world to the horrors of genocide and shaped contemporary human rights frameworks.
Drawing on contemporary challenges, the paper critically analyzes the failure of IHRL in addressing ongoing atrocities, such as the Uighur crisis in China. It argues for a reinvigoration of universal jurisdiction as a mechanism for ensuring accountability and justice in the face of egregious human rights violations.
Ultimately, the paper calls for a renewed commitment to universal justice, emphasizing the imperative of learning from historical atrocities like the Holocaust to prevent future genocides and uphold the dignity and rights of all individuals globally.
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