Prudence and principle in international society: reflections on Vincent's approach to human rights

John Vincent's Human rights and International Relations argued for embedding the right to be free from starvation in the international society of states. Principle and prudence were combined in a distinctive English School analysis of the universal human rights culture. Vincent argued that the entitlement to be free from the tyranny of starvation and malnutrition was one principle on which most societies could agree despite their profound ideological differences. Other conceptions of human rights, including western liberal doctrines of individual freedom, had the potential to create major divisions within international society, particularly when linked with a doctrine of humanitarian intervention. More recent approaches to world poverty raise large questions about whether Vincent succeeded in attempting to marry prudence in preserving an international order that remains anchored in state sovereignty with a principled commitment to ending starvation. Important issues also arise about how to build on his reflections on the prospects for a global ‘civilizing process’ that bridges cultural and political differences in the first universal society of states.     

Human rights in a global ecumene

How should we understand the cultural politics that has surrounded the development of international human rights? Two perspectives frame contemporary debate. For ‘cultural particularists’, human rights are western artefacts; alien to other societies, and an inappropriate basis for international institutional development. For ‘negotiated universalists’, a widespread global consensus undergirds international human rights norms, with few states openly contesting their status as fundamental standards of political legitimacy. This article advances an alternative understanding, pursuing John Vincent's provocative, yet undeveloped, suggestion that while the notion of human rights has its origins in European culture, its spread internationally is best understood as the product of a ‘universal social process’. The international politics of individual/human rights is located within an evolving global ecumene, a field of dynamic cultural engagement, characterized over time by the development of multiple modernities. Within this field, individual/human rights have been at the heart of diverse forms of historically transformative contentious politics, not the least being the struggles for imperial reform and change waged by subject peoples of diverse cultural backgrounds; struggles that not only played a key role in the construction of the contemporary global system of sovereign states, but also transformed the idea of ‘human’ rights itself. In developing this alternative understanding, the article advances a different understanding of the relation between power and human rights, one in which rights are seen as neither simple expressions of, or vehicles for, western domination, nor robbed of all power‐political content by simple notions of negotiation or consensus. The article concludes by considering, in a very preliminary fashion, the implications of this new account for normative theorizing about human rights. If a prima facie case exists for the normative justifiability of such rights, it lies first in their radical nature—in their role in historically transformative contentious politics—and second in their universalizability, in the fact that one cannot plausibly claim them for oneself while denying them to others.     

The world turned upside down? Human rights and International Relations after 25 years

This article revisits the arguments of John Vincent's influential 1986 book, Human rights and International Relations and situates them against the context both of the debates of his own time and the debates of the early twenty‐first century. Vincent's arguments are assessed and evaluated in their own terms and compared and contrasted with dominant positions today. The arguments are then assessed in the light of two leading critical perspectives on human rights before considering a final criticism of the possibility and desirability of the current human rights regime in International Relations.     

East Timor and the new humanitarian interventionism

The fate of East Timor provides a barometer for how far the normative structure of international society has been transformed since the end of the Cold War. In 1975, the East Timorese were abandoned by a Western bloc that placed accommodating the Indonesian invasion of the island before the protection of human rights. Twenty‐five years later, it was the protection of the civilian population on the island that loomed large in the calculations of these same states. Australia, which had sacrificed the rights of the people of East Timor on the altar of good relations with Indonesia, found itself leading an intervention force that challenged the old certainties of its ‘Jakarta first’ policy. The article charts the interplay of domestic and international factors that made this normative transformation possible. The authors examine the political and economic factors that led to the agreement in May 1999 between Portugal, Indonesia and the UN to hold a referendum on the future political status of East Timor. A key question is whether the international community should have done more to assure the security of the ballot process. The authors argue that while more could have been done by Australia, the United States and officials in the UN Secretariat to place this issue on the Security Council's agenda, it is highly unlikely that the international community would have proved capable of mobilizing the political will necessary to coerce Indonesia into accepting a peacekeeping force. The second part of the article looks at how the outbreak of the violence in early September 1999 fundamentally changed these political assumptions. The authors argue that it became politically possible to employ coercion against Indonesian sovereignty in a context in which the Habibie government was viewed as having failed to exercise sovereignty with responsibility. By focusing on the economic and military sanctions employed by Western states, the pressures exerted by the international financial institutions and the intense diplomatic activity at the UN and in Jakarta, the authors show how Indonesian political and military leaders were prevailed upon to accept an international force. At the same time, Australian reporting of the atrocities and how this prompted the Howard government to an intervention that challenged traditional conceptionsof Australia's vital interests, is considered. The conclusion reflects on how thiscase supports the claim that traditional notions of sovereignty are increasinglyconstrained by norms of humanitarian responsibility.     

India's response to the 1971 East Pakistan crisis: hidden and open reasons for intervention

Based on recently declassified materials from the Indian government archives and on the private papers of the principal secretary to the Indian prime minister, this article investigates how India formulated its response to the 1971 East Pakistan genocidal crisis that culminated with the third Indo-Pakistani war. India's victory changed the balance of power in South Asia: Bangladesh emerged as a new independent state, while Pakistan was significantly reduced. The 1971 war is cited in the international literature as one of the first cases of humanitarian intervention in world history. The Indian official position, recently reinforced by a new major publication, highlights the ‘humanitarian’ character of the 1971 Indo-Pakistan war, depicting a reluctant India compelled to intervene by international inactivity towards the atrocity. This article contests this interpretation and argues that humanitarian considerations were only one side of the picture. Clear political interests drove the actions of New Delhi, which autonomously formulated a specific strategy aimed at making capital out of the dramatic humanitarian crisis. In advancing this argument, this article contributes to the complex debate about humanitarian intervention by observing that the inability of the UN system to intervene is bound to open the way to two possible outcomes: one is the continuation of the genocidal massacres; the other is the unauthorized humanitarian armed intervention by a regional power, which is likely to act according to its own interests. The specific case under review demonstrates that unauthorized armed intervention cannot per se always be branded as deplorable, since in certain cases such a scenario is better than no intervention at all.     

Human Rights Beyond Humanitarianism: The Radical Challenge to the Right to Asylum in the Mediterranean Zone

This article argues for a new centrality of the right to asylum within the Mediterranean zone and the necessity to defend and implement this right beyond the “humanitarian regime”. The first section describes the ways in which humanitarianism's logic has weakened the right to asylum through the implementation of specific EU migration policies since 2013. The second section focuses on the distinction between such a humanitarian regime and the human rights system, assessing the possibility of and necessity for a renewed defense of human rights, starting with the right to asylum. The third section focuses on the Charter of Lampedusa, a radical, alternative normative instrument developed through a grassroots process which involved activists and migrant rights groups and which represents a concrete illustration of how the horizon of human rights might be redefined.     

Humanitarian Intervention After Kosovo: Emergent Norm,Moral Duty or the Coming Anarchy?

In March 1999 NATO justified the use of force against the Federal Republic of Yugoslavia on the grounds that it was necessary to avert an impending humanitarian catastrophe. This action was so controversial because it was the first time since the founding of the United Nations that a group of states, acting without explicit Security Council authority, defended a breach of the sovereignty rule primarily on humanitarian grounds. This article reflects on the legality and legitimacy of humanitarian intervention in international society by reviewing five books that explore the strengths and weaknesses of the contemporary legal and moral framework governing humanitarian intervention. The article identifies three broad positions: first, there is an emergent norm of humanitarian intervention; second, humanitarian intervention is seen as a moral duty; and finally, the claim that humanitarian intervention outside Security Council authority should not be legitimated because it threatens the principles of international order. Books reviewed: Danesh Sarooshi, The United Nations and the development of collective security: the delegation by the UN Security Council of its Chapter VII powers Francis Kofi Abiew, The evolution of the doctrine and practice of humanitarian inter‐vention Neal Riemer, (ed.) Protection against genocide: mission impossible? Stephen A. Garrett, Doing good and doing well: an examination of humanitarian inter‐vention Albrecht Schnabel and Ramesh Thakur, (eds.) Kosovo and the challenge of humanitarian intervention: selective indignation, collective action, and international citizenship     

‘Once and For All’: The Fourth UN World Conference on Women and the Institutionalisation of Women's Human Rights in American Foreign Policy

Though the slogan predates the Fourth UN World Conference on Women, ‘women's rights are human rights’ has become inextricably linked to US First Lady Hillary Rodham Clinton's keynote address at the 1995 Conference in Beijing. The speech turned a line socialised by transnational feminist organisers into a State Department mantra with long-lasting policy ripples still felt today. This article uses new sources from the Office of the First Lady to examine the intra-departmental dynamics, policy architecture and domestic political considerations that shaped the content of the speech and the Clinton Administration's conception of women's rights as human rights. Early documents show that a focus on human rights was not inevitable, as other policy areas were better developed with more public support. But fear of rollback from previous international standards, external pressures from civil society, a desire to link foreign policy with domestic political aims and ultimately a strong backlash to American participation at the Conference on the basis of China's human rights record all elevated women's human rights as a US delegation priority.     

Humanitarianism,genocide and liberalism

The international response to genocide and human rights violations has received increasing attention by scholars in the humanities and social sciences. This article explores the history of the response to mass atrocity by assessing recent work on humanitarianism as an idea and in practice in the West. It argues that the impulse to defend the rights of others historically has been tied up with geopolitical and imperial concerns that shaped European politics. The current embrace of the responsibility to protect, or ‘R2P’, and debates over whether or not to recognize and prosecute perpetrators of past atrocities from the Armenian genocide to Rwanda remain embedded in this longer history of humanitarianism and geopolitics. As recent work on humanitarian intervention, the anti-slavery movement and humanitarianism and foreign policy demonstrates, the pressing need to understand the response to atrocity has called scholars to more fully participate in the contemporary conversation over human rights by exploring its roots in humanitarian practices of the recent and not so recent past. Understanding the history of humanitarianism as it connects both with the history of human rights and liberal ideals offers an important way of reassessing the role of the nation-state and international institutions in responding to human rights crisis. The article concludes by suggesting that scholars move away from the question of the origin of human rights as an idea to focus on historicizing the response to humanitarian crisis in order to problematize the story of the rise of western-led human rights regimes.     

Russia,humanitarian intervention and the Responsibility to Protect: the case of Syria

Western analysis perceives Russian approaches to issues of humanitarian intervention and the Responsibility to Protect (R2P) as running counter to western‐inspired international norms. This debate has surfaced with some vigour over Russia's policy in the Syria conflict where, in order to protect its strategic interests in Syria, an obstructionist Moscow has been accused of ignoring humanitarian considerations and allowing time for the Assad regime to crush the opposition by vetoing a resolution threatening to impose sanctions. While Russian approaches are undoubtedly explained by a desire to maximize its growing political influence and trade advantages to serve its legitimate foreign policy interests, and while Moscow's attitudes to intervention and R2P exhibit important differences from those of the major western liberal democracies, its arguments are in fact framed within a largely rational argument rooted in ‘traditional’ state‐centred international law. This article first highlights key arguments in the scholarly literature on intervention and R2P before going on to examine the evolution of Russian views on these issues. The analysis then focuses on the extent to which Moscow's arguments impact on international legal debates on the Libya and Syria conflicts. The article then seeks to explore how Russian approaches to intervention/R2P reflect fundamental trends in its foreign policy thinking and its quest for legitimacy in a negotiated international order. Finally, it attempts to raise some important questions regarding Russia's role in the future direction of the intervention/R2P debates.     

The Imperial War Relief Fund and the All British Appeal: Commonwealth,Conflict and Conservatism within the British Humanitarian Movement, 1920–25

This article explores the intersection of internationalist and imperial humanitarian ideals in the aftermath of the First World War via a case study of a hitherto overlooked humanitarian organisation—the Imperial War Relief Fund. In an era of increased international collaboration between humanitarian organisations, the Imperial War Relief Fund instead promoted an imperial approach, seeking to unite the ‘efforts of the dominions and mother country’ for the relief of Europeans suffering the effects of the First World War. The Fund was enthusiastically supported in Britain by a number of leading conservative public figures, who hoped that an empire-wide humanitarian campaign might guard against imperial disintegration and reverse Britain's perceived loss of prestige in the postwar order. Despite its initial successes, the Imperial Fund was subsequently usurped by British humanitarian organisations which were more internationalist in their outlook and rhetoric, most significantly the Save the Children Fund. This did not represent, however, a straightforward displacement of imperial co-ordination in favour of more internationally focused humanitarian action. Rather, the Save the Children Fund was able to draw support away from the Imperial Fund only by echoing its imperial rhetoric. This article argues, therefore, that, while the Imperial Fund was a relatively short-lived venture, its lasting legacy was to ensure that the British humanitarian movement was a space in which notions of Britain's imperial status, and its concomitant duties, would survive within an humanitarian landscape in which internationalist ideals were increasingly prevalent.     

The Misinterpretation of Women's Status in the Muslim World

Spiritual equality, responsibility, and accountability for both men and women are well‐developed themes in the Qur'an. Spiritual equality between men and women in the sight of God is not limited purely to religious issues, but is the basis for equality in all aspects of human endeavor. This article's main interest is in the woman's status, and her role within the Arab countries. Islam is the main religion—its principles, values, and practices are dominant in the region. Therefore, this article introduces and discusses the misinterpretation of women in Islam, with special consideration of Muslim women's rights and their roles within the Muslim society. This will help to enhance future discussions of social behavior, values, and attitudes toward women in Islam. In the last few decades there has been a great misunderstanding in many aspects of public consciousness about the role of women in Arabic society. There is a significant gap between the status of males and females. However, this gap is more evident in rural areas. The level of women's rights and roles in many Arabic countries prevents women from improving their economic growth and development. This gender gap is the result of social, religious, cultural, and gender inequality. More specifically, it results from structural constraints faced by women. Gender inequality is not a new issue, nor is it only Muslim women who are suffering from this inequality. There is gender discrimination almost everywhere. The Qur'an is the basis of Islam, and encompasses rules, legislation, examples, advice, history, and system of the universe. It draws a picture of the earth and describes the roles of human beings. The Qur'an is the answer to the spiritual and material needs of the Islamic society, and is an exposition and an explanation of all aspects of life.     

Women,Gender and Human Rights: Women's International Organisations and Solidarity with Chile

This article analyses the Women's International League for Peace and Freedom's (WILPF) and Women's International Democratic Federation's (WIDF) fact-finding missions sent to Chile in 1974. It explains how women's international organisations presented reports and information about human rights abuses during Genera Augusto Pinochet's dictatorship (1973–1990). By using their publications, oral interviews, memoirs and press reports, the study sheds light on the extensive efforts deployed by the WILPF and WIDF to disseminate knowledge and promote actions designed to improve the lives of Chilean women. The article shows that women's international organisations promoted inclusive ideas of rights, including women's particular experiences under military rule, and that such efforts built in the organisations' previous experiences of human rights activism.     

Bounded political contestation: the domestic translation of international health and housing rights in Australia

Political contestation within liberal democratic states is an important, albeit limited, guide in defining how these states domestically implement their international human rights obligations. While often ritualistically endorsing human rights standards, political actors allow themselves a limited policy space with their domestic political contest circumscribed by more pervasive influences, often at odds with the state's international commitments. This article examines recent health and housing policy initiatives by Australia's two major political parties and assesses them against its international commitments. Applying a social constructivist approach, this article argues that the dominant neoliberal political discourse and the state's institutional structure set contextual boundaries to the parties’ policy contestation and reveal the limited influence of domestic political contestation in determining Australia's rights implementation.     

Human rights and the development of a twenty-first century peace architecture: unintended consequences?

The ‘long peace’ of the last twenty-five years has linked various forms of intervention—from development to peacebuilding and humanitarian intervention—with human rights. This ‘interventionary system/order’ model has premised its legitimate authority on expanded versions of human rights, connected to liberal frameworks of democracy, rule of law, and capitalism in order to connect peace more closely with justice. Human rights offer a tactical way forward for those interested in conflict resolution, but this has led to unintended consequences. Unless conceptions of rights are continually expanded as new power structures and inequalities are uncovered and challenged, philosophical and material matters of distributive and historical justice will remain.     

Realist Thought and Humanitarian Intervention

This article seeks to test the assumption that realism is completely hostile to the ethical and political notions of humanitarian intervention. The popular understanding of realism states that the national interest and international order will always trump the moral impulse to assist those suffering gross human-rights abuses at the hands of their government. The article makes the argument that this understanding of realism emerged from a particular period of history and under the pens of specific individuals reacting to these conditions. By affording a much deeper historical scope to the term ‘realism’, this article shows how realism cannot be damned uniformly by those writing and thinking about humanitarian intervention in the present period, and the role it holds in contemporary debates on humanitarian intervention.     

Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

Because Pigs Can Fly: Sexuality,race and the geographies of difference in Shyam Selvadurai's Funny Boy

This article explores the ways that the popular diasporic novel Funny Boy, set in Sri Lanka but written from Canada by an exiled Sri Lankan born Tamil, intervenes in the country's contemporary geographies of difference. The novel itself explores a Tamil boy's struggle to negotiate life in Sinhala-dominated Colombo while also coming to terms with his emergent same-sex desire. By focusing specifically on the writing of two familiar middle-class Sri Lankan spaces central to the novel's narrative—the family home and the school—the article shows how these everyday geographies regulate and normalise carnal desire in a society which still operates anti-homosexual legislation. It also suggests how the erosion of the meanings of these familiar spaces is a tactic central to the main protagonist's sexual liberation. By reading these sexualised geographies through the polemic racialised Sinhala/Tamil divisions in contemporary Sri Lankan society, the paper shows how the novel makes an important political intervention in contemporary Sri Lankan politics where devolution and federal solutions to recent civil unrest have produced territorialised geographies of difference that prescribe ‘places for races’. By evoking the Funny Boy's fictive and sexualised geographies of exclusion and resistance, this article unsettles the logic that binds intra-racial solidarity, its cognate geographical modelling, and instead highlights the exclusions that exist at all levels in Sri Lankan society.

Amma held up her hand to silence us. ‘That's an order,’ she said.     

A diamantine struggle: redefining conflict diamonds in the Kimberley Process

Diamonds are forever. But what of the definition of conflict diamonds used by the Kimberley Process (KP)? Despite the fact that civil society has raised attention to the cloudy issue of state‐perpetrated diamond‐related human rights abuses throughout the past decade, the continued longevity of the central definition around which the Kimberley Process revolves still appears to be a crystal‐clear fact. As it turns out, calls to broaden the scope of the conflict diamond definition have not been successful because several discourse manipulations within the KP have had formative effects on other actors' identities and interests. Discourse spacing—the strategic allocation of ‘appropriate’ spaces for certain discourses within a particular institutionalized setting—has been strategically employed in an attempt to place boundaries on the redefinition discourse. By claiming that addressing human rights abuses lies beyond the mandate of the KP, several KP participant states have sought to convince others that discussing redefinition has no place on the KP reform agenda. Discourse timing has also been key, where numerous African states' perceptions of redefinition were influenced by accusations of neo‐colonial intent on the part of western KP participant states that stemmed from a sanctions debate that was taking place parallel to the redefinition debate. The article finds that these two occurrences, alongside the KP's consensus‐based decision‐making structure and several KP participant states' fears about setting a human rights precedent, have obstructed the road to the redefinition of conflict diamonds.     

ACTS OF THOUGHT AND RE-ENACTMENT IN COLLINGWOOD'S PHILOSOPHY OF HISTORY

This article explores one of Collingwood's most puzzling claims—that, in re-enacting a past act of thought, I can revive not just the propositional content of that act but also the very act of thought itself. This aspect of Collingwood's ideas has been largely ignored, and, when not ignored, it has been almost universally rejected. After all, we might ask, how can it be that two acts of thought—one, say, had by Carol in the library on Wednesday and another act of thought had by Harold in his study on Thursday—are literally identical? I explore this baffling claim and, in particular, Collingwood's argument that acts of thought can have the identity of a continuant. I try to show how the idea of the identity of the continuant might be used to remove some of the puzzlement in Collingwood's claim about literal identity between acts of thought; I thus show how Harold, on Thursday, might be able to experience the exact same act of thought that Carol had on Wednesday.