A Legacy to Live Up to: How the United States has Helped Advance Human Rights and the Rule of Law

During the last sixty years, U.S. leadership has been an essential and positive force in creating international standards for the promotion of human rights, establishing mechanisms to ensure accountability for human rights crimes, and advancing fair trial standards.

This year, to mark Human Rights Day, we're looking back on the United States' contributions in these areas. This is the America we believe in. Join us in calling on the U.S. Congress and Administration to reaffirm the United States' commitment to human rights and the rule of law.

The U.S. was instrumental in creating the Universal Declaration of Human Rights (UDHR), with Eleanor Roosevelt as head of the drafting committee, and the U.S. Constitution as a principal model. The U.S. joined the United Nations General Assembly in unanimously adopting the UDHR in 1948.

The U.S. played a critical role in convening the Nuremberg Tribunal within months of the end of World War II. The Nuremberg Tribunal was a watershed moment for international justice, setting a number of key precedents that underpin today's international justice system. Key concepts to emerge from Nuremberg include: that crimes are committed by individuals, not abstract entities, and therefore individuals must be held accountable to deter future crimes; that no one is above the law, and therefore no head of state or military leader can hide behind their title to commit abuses; that some crimes are so grave as to affect and endanger all of humankind, and therefore it is in the interests of all countries to ensure that those responsible are punished; and that, particularly in the aftermath of conflict, a trial based upon internationally recognized principles of fairness will be recognized as legitimate by all sides and create a historical record that will not be vulnerable to future revisionism, thereby laying the groundwork for lasting peace.

The U.S. was a leader in efforts to establish the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The U.S. has imposed criminal penalties for torture committed outside U.S. territory, and has established procedures for torture victims to seek civil remedies against torturers in U.S. courts.

The U.S. was central in bringing into existence the international criminal tribunals for the former Yugoslavia and for Rwanda, which were established to prosecute grave breaches of the Geneva Conventions, violations of the laws and customs of war, genocide and crimes against humanity committed in these countries. The U.S. has been one of the largest financial supporters of these tribunals, and has used its diplomatic clout on a number of occasions to strongly support the tribunals' budgets at the United Nations.

The U.S. was an eager participant in the efforts to create the International Criminal Court (ICC). During the negotiations for the ICC in Rome, the U.S. delegation – one of the largest and most influential delegations – contributed to drafting a comprehensive and credible document to advance international justice, which incorporates the best evolved, most comprehensive understanding of what constitutes a fair trial. Even though the U.S. under the Bush Administration subsequently sought to marginalize and undermine the ICC, the U.S. is now getting back on track, having stated its support for the ICC's investigations in Darfur, Sudan, and in Uganda.

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