Module 8: Human Rights

Overview

One of the most significant tensions in our globalized world is found between the concepts of order and justice. Contemporary international order is maintained through the Westphalian state system which privileges the sovereign state. Sovereign states have legal personality and are able to enter into treaties, create institutions, and international law. In so doing, states generate the norms, regimes, and institutions which facilitate a relatively ordered world. If order does break down, states may be held to account or at the very least can be the vehicle by which order is restored. Being sovereign also means there is no higher authority with the right to intervene in the state’s domestic affairs. The argument that a strong sovereign state is necessary for order is not new. While focusing on domestic order, Thomas Hobbes made this argument in 1651.

Figure 8-1: "Leviathan" By Thomas Hobbes, Source: https://commons.wikimedia.org/wiki/File%3ALeviathan_by_Thomas_Hobbes.jpg Permission: Public Domain.


Figure 8-2: "Defendants at Nurenberg Trials" Source: https://commons.wikimedia.org/wiki/File:The_defendants_at_Nuremberg_Trials.jpg#file Permission: Public Domain.

Sovereignty therefore also legitimates the state’s creation and enforcement of a domestic political order, regardless of what type of political order that might be or how coercive its enforcement becomes. This was demonstrated during the establishment of the Nuremberg trials to prosecute the Nazis for war crimes following the Second World War. The illegality of killing of non-Germans in Germany or crimes committed outside of Germany was unambiguous. But questions were raised as to whether there was a legal basis to try the Nazis for killing German Jews in Germany during the Holocaust because of sovereignty.

During the Cold War, the powerful states retreated back within the confines of sovereignty while atrocities were carried out directly or through proxies but with their complicity. The events in Srebrenica and Rwanda once again called into question the sovereign rights of states and made the international community confront the rights of individual lives.

Figure 8-3: “Srebrenica Massacre” Source: https://commons.wikimedia.org/wiki/File%3ASrebrenica_Massacre_-_Exhumed_Grave_of_Victims_-_Potocari_2007.jpg Permission: CC BY-SA 3.0 Courtesy of Adam Jones Adam63.

Figure 8-4: “Rawandan Genocide” Source: https://commons.wikimedia.org/wiki/File%3ANever_Again_-_With_Display_of_Skulls_of_Victims_-_Courtyard_of_Genocide_Memorial_Church_-_Karongi-Kibuye_-_Western_Rwanda_-_02.jpg Permission: CC BY-SA 3.0 Courtesy of Adam Jones, Ph.D. 

Therefore, while the sovereign state system may be able to deliver on a degree of international order it comes at a price to justice. This raises the question, do individuals also have legal personality? And if so, what happens when the rights of states and rights of individuals come into conflict? It is through this tension that the fields of human rights and humanitarian law has emerged.

Figure 8-5: "The United Nations General Assembly" Source: https://commons.wikimedia.org/wiki/File%3AUN_General_Assembly_hall.jpg Permission: CC BY-SA 2.0 Courtesy of Patrick Gruban, cropped and downsampled by Pine.

Objectives

When you have finished this module, you should be able to do the following:

  1. Explain both the evolution of human rights and the tension with securing them in the contemporary world
  2. Discuss how the theoretical treatment of human rights with the personal stories associated with their breach in practice
  3. Apply the lessons of human rights to our own lives

Module Instructions

  1. Read McGlinchey, Chapter 11.
  2. Listen to “CBC Massey Lecture 1: The Knowledge of Suffering”
  3. Complete Learning Activity #1
  4. Listen to “CBC Massey Lecture 2: The Pursuit of Global Justice”
  5. Complete Learning Activity #2
  6. Listen to “CBC Massey Lecture 3: The Will to Intervene”
  7. Complete Learning Activity #3
  8. Learning Activity #4
  9. Listen to “CBC Massey Lecture 4: The Oneness of Humankind”
  10. Complete Learning Activity #4
  11. Listen to “CBC Massey Lecture 5: The Spirit of Human Rights”
  12. Complete Learning Activity #5
  13. Complete the Discussion Questions

Key Terms and Concepts

  • Bosnian War
  • Brexit
  • Collateral damage
  • Cultural relativism
  • Ethnic cleansing
  • Eugenics
  • Genocide
  • Human Rights
  • Hutus
  • Infidel
  • International Criminal Court
  • Lip – service
  • Modernity
  • “Never again”
  • Operation cyclone
  • Populism
  • Responsibility to Protect
  • Scapegoating
  • Slacktivism
  • Slobodan Milosevic
  • Tribunal
  • Tutsis
  • UN Declaration of Human Rights
  • Velvet revolution
  • Wartime sexual violence

Required Readings

  1. McGlinchey, Chapter eleven, “Protecting People” In International Relations, edited by Stephen McGlinchey, 123-134. Bristol: E-International Relations Publishing, 2017.


 

Learning Material

Introduction

Figure 8-6: “Payam Akhaven” Source:  https://commons.wikimedia.org/wiki/File%3APayam_Akhavan_-_Persian_Canadian_Lawyer_and_Human_Rights_activist_-_2013.png Permission: CC BY-SA 3.0 Courtesy of PersianDutchNetwork.

This week, we are doing something a little bit different. We are going to listen to the 2017 Massey Lectures by Professor Payam Akhavan. The Massey Lectures are an annual five-part series that focuses on an important political, cultural or philosophical topic. They are co-sponsored by CBC Radio, House of Anansi Press, and the University of Toronto’s Massey College. The lectures are subsequently printed as a book.

Professor Akhavan received his doctorate from Harvard Law School and is currently a professor of international law at the University of McGill. Prior to joining McGill, he worked for the UN in the conflict zones including Bosnia, Cambodia, Guatemala, Rwanda, and Timor-Leste. He has been legal council in cases before the International Court of Justice, the International Criminal Court, the European Court of Human Rights, and the Supreme Courts of Canada and the US.

This year, Professor Akhavan’s talks are entitled “In Search of a Better World: A Human Rights Odyssey”. His lectures brilliantly weave together the overarching history of human rights with deeply personal insights generated by his own experiences and those of the people he has met in places like Bosnia, Rwanda, and Syria. The lectures are highly unsettling but at the same time foster hope for meaningful change in the future, rooted in the resilience of the human spirit. This is something that is too often missed in academia. When speaking of human rights, it is necessary to confront the deeply personal impact they have on so many people in so many places. It is also necessary to discuss how we, both individually and collectively, can work towards progress on global issues such as human rights.

In the next five sections, you will be asked to actively listen to the lectures and answer the posted questions for your journal. At the end, you will have to submit a graded assignment that brings the five lectures together.

Lecture One - The Knowledge of Suffering
Lecture one was delivered in Whitehorse, Yukon. It deals with Akhavan’s emigration from Iran to Canada in the 1970s. It speaks to the difficulty of leaving everything you know to move to a new country. It touches on the discrimination experienced by the Bahá’í faith in Iran and then dramatically turns to his awakening to human rights through the tragic experiences of his friend Mona Mahmudnizhad. It asks the listener to think about why some people pursue justice at the global level. It deconstructs passionate advocacy to the level of personal pain. It asks the listener to move past broad generalizations of why bad things happen to others in the world and look deeply at the personal impact these events have on individuals who are not unlike us. In the end, it sets up the lecture series by situating the pursuit of international human rights as necessary and he would argue their attainment perhaps as being inevitable.

Learning Activity 8.1

Listen to “CBC Massey Lecture 1: The Knowledge of Suffering”

Answer the following questions in your journal

  1. Why does Akhavan and his family leave Iran?
  2. What was his experience of arriving in Canada?
  3. How does he describe the Ayatollah Khomeini and the Iranian Revolution?
  4. What happened to his friend Mona?
  5. How did this change his life?

Lecture Two - The Pursuit of Global Justice
Lecture two was delivered in Vancouver, BC. It deals with Akhavan’s experiences of ethnic cleansing in Bosnia and the attempt to bring the war criminals behind the massacre in Srebrenica to justice. He deals with the politics of establishing the International Criminal Tribunals for the former Yugoslavia and the trouble of enforcing its mandate once created. To this narrative he adds the personal stories of not just the victims of war crimes, but also of those who perpetrated them. This lecture asks the reader to situate the pursuit of human rights in historical context. It looks at how we have sought to create rules for the prosecution of war, going back to the American Civil War and the important work of Henri Dunant in establishing the Geneva Conventions and the Red Cross in the late 19th century. However, until the Holocaust, sovereignty remained a serious impediment to any global effort to prosecute individuals for war crimes and crimes against humanity. Srebrenica and Rwanda made the world confront crimes like ethnic cleansing and genocide. This led to ad hoc tribunals and pressure for a permanent institution resulting in the Rome Statute and the International Criminal Court. However, this lecture also deals with the deeply personal stories of those behind the atrocities in the 1990s and the difficulty in effectively seeking justice. It asks the listener to see the progress and difficulties in the human rights regime. It wants us to understand the reality of those who are trapped in conflict and horror. It forces us to confront the need for redress and not to hide behind banal justifications of expediency and political realism.

Learning Activity 8.2

Listen to “CBC Massey Lecture 2: The Pursuit of Global Justice”

Answer the following questions in your journal

  1. How can we attempt to reconcile justice with mass atrocities like the Holocaust and Srebrenica?
  2. How did the Cold War provide a permissive environment for human rights?
  3. “Peace is impossible without justice.” Explain what he means.
  4. Why does Akhavan say about Samuel Huntington’s clash of civilizations regarding the Bosnian war? Does he agree or disagree?
  5. He concludes with comments on Syria, Iraq, and Yemen. Why?

Lecture Three - The Will to Intervene

Lecture three was delivered in Montreal, Quebec. It deals with the genocide of Rwanda and the absolute dereliction of duty by the UN. He speaks to the degree of premeditation necessary to kill nearly a million people in 100 days by primitive weapons. This is a genocide that was allowed to happen. The international community was warned but the will to intervene was not there. Akhavan speaks to this gap between capability and will but also to the resilience of the human spirit. This lecture speaks to the processes of dehumanization that always precedes crimes against humanity and genocide. It speaks to premeditation and planning. Crimes like the holocaust and the Rwandan genocide are not spontaneous, they are calculated. They are predictable. They are preventable. If this is true, it forces us to ask ourselves about our values and how civilized we really are. If we as members of the international community, or simply as individual human beings, sat on the sidelines and watched nearly a million people be killed by machete, fire, and fist in 100 days, how can we call ourselves civilized? If we justified their deaths as simply things that happen to ‘others over there’, we have committed similar sins of dehumanization. In our eyes ‘those’ people are less than us and their horrific deaths are simply unavoidable given their barbaric cultures. This lecture asks us to not only understand the problems out there but to understand the way they are facilitated over here.

Learning Activity 8.3

Listen to “CBC Massey Lecture 3: The Will to Intervene”

Answer the following questions in your journal

  1. “The problem isn’t that radical evil is unstoppable. The problem is that we usually don’t really care about hatred and violence unless it affects us directly.” Do you agree with him? Why or why not?
  2. Akhavan argues that events like Rwanda are predictable. If that is true, are they preventable?
  3. What is a Gacaca court? What happened when singer Jean-Paul confronted the person who killed his family? Why was this powerful?
  4. What role does political will play in empathy and R2P?

Lecture Four - The Oneness of Humankind

Lecture four was delivered in St. John’s, Newfoundland and Labrador. It deals with how the horrors Akhavan witnessed in conflict zones around the world followed him to New York in 2001. He traces the geopolitical impact of the Cold War on events in Afghanistan and the failure of the West to build a more stable world when the Cold War came to an end. He links the white saviours on one side with the extremist jihadists on the other. They are the two sides of an essentialized conflict that is potentially unending as they feed off each other. But Akhavan argues that it doesn’t need to be so. Rather, he sees a path towards a world commonwealth as being inevitable, it is only a matter of whether it comes in response to calamity or foresight. This lecture asks the listener to confront the terrible events of 9/11 but also to understand the roots of contemporary jihadist extremism in geopolitics. It asks us to question the narratives being spun by both sides of this conflict. It asks us to think beyond parochial ideologies and think about where are humanity lies. It suggests we need to have global responses to global problems. It suggests we need to fundamentally reorient ourselves to see another world is not only possible but necessary.

Learning Activity 8.4

Listen to “CBC Massey Lecture 4: The Oneness of Humankind”

Use the following questions to make an entry in your journal

  1. What is his argument about the relationship between the twin statues and the twin towers?
  2. What was the significance of the Soviet intervention in Afghanistan in 1979?
  3. How has geopolitics led to conflict?
  4. In what way has nationalism and ideology replaced religion?
  5. How does he use the Copernicus model to make his point about the need to see the world as one indivisible whole?
  6. What choice does the world face in pursuing global governance?

Lecture Five - The Spirit of Human Rights
Lecture five was delivered in Toronto, Ont. It is the concluding lecture of the series. It deals with current problems with compassion kitsch, disparaging the idea that the rich and famous are able to change the same neoliberal order that made them rich in the first place. On the other side, the extremists have successfully tapped into public rage and alienation. The inauthenticity of one creating fertile grounds for the other. He interrogates the values of western society and the emphasizing of profit before people; of how neoliberal policies are legitimated by human rights platitudes. This is all brought together by the issues of war time sexual violence and brought home with Canada’s history with Indigenous people. This lecture asks the listener to be critical of the stories we tell ourselves and the stories we hear of others. It asks us to question the motivations of others and more importantly to question the implicit and explicit motivations of our own actions both singularly and collectively. For example, Canadians and the Canadian state have a narrative of being good international citizens and there is evidence to support this, Lester B. Pearson and Peacekeeping or Lloyd Axworthy and the Anti-personnel Landmine Ban. But it is also contested by the treatment of Indigenous Peoples in Canada or the internment of the Japanese during World War Two. According to Akhavan, if we critically deconstruct these narratives, we come to the realization of ‘us’ as an indivisible whole. If we see ‘us’ as an indivisible whole, we realize that injury done to one part is injurious to the whole. That when we allow a genocide to occur, we are allowing part of us to die and the rest is left tainted. Alternatively, when we embrace empathy and altruism, we find a path to a sustainable world through the upholding of human rights.

Learning Activity 8.5

Listen to “CBC Massey Lecture 5: The Spirit of Human Rights”

Use the following questions to make an entry in your journal

  1. Akhavan argues the rich and famous are “hijacking human rights for their own purposes.” How does that hinder human rights?
  2. How do we avoid becoming “spectators of others’ misfortune” if those in power are not trying to achieve meaningful change for what they are not personally benefiting from? Or does this just become a branding exercise?
  3. What is meant by the “weaponization of religion”?
  4. What are the implications of colonialism?
  5. Empathy has been a central theme in all four of his talks. How do you feel about his argument of the necessity of empathy in the struggle of human rights?

Discussion Questions

INSERT DISCUSSION QUESTIONS IN NUMBERED LIST

Review Questions and Answers

1. What are human rights?
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

2. What is the ICC?
The International Criminal Court is an intergovernmental organization and international tribunal that is located in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.

3. What is slacktivism?
Slacktivism is using the internet in support of a political or social cause but regarded as requiring little time or involvement, e.g., signing an online petition or joining a campaign group on a social media website.

4. What is genocide?
Genocide is the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. It was established in 1948 following the Nazi Holocaust.

5. What is ethnic cleansing?
Ethnic cleansing is the systematic forced removal of ethnic or religious groups from a given territory by a more powerful ethnic group, often with the intent of making it ethnically homogeneous.

Glossary

Bosnian War: 1992 – 1995 ethnic conflict in Bosnia and Herzegovina that involved Serbs, Croats, and Bosniaks

Brexit: the term for the potential departure of Great Britain from the European Union

Collateral damage: the incidental killing or wounding of non-combatants or damage to non-combatant property during an attack on a legitimate military target.

Cultural relativism: the idea that a person’s beliefs, values, cultural norms, and practices should be understood based on that person’s own culture, rather than judged against the criteria of another

Ethnic cleansing: the mass expulsion or killing of members of an unwanted ethnic or religious group in a society

Eugenics: the science of improving a human population by controlled breeding to increase the occurrence of desirable heritable characteristics. Developed largely by Francis Galton as a method of improving the human race, it fell into disfavor only after the perversion of its doctrines by the Nazis.

Genocide: the deliberate killing of a large group of people, especially those of a particular ethnic group or nation.

Human Rights: inherent to all human beings, regardless of nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.

Hutus: one of the native peoples of Rwanda involved in the Rwandan genocide, in which Hutu militias targeted Tutsis

Infidel: a person who does not believe in religion or who adheres to a religion other than one's own; commonly used to describe a non-believer or someone who rejects Christianity or Islam

International Criminal Court: an intergovernmental organization and international tribunal that is located in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.

Lip – service: to give support or approval insincerely; to give consent in one’s words but not in action

Modernity: a period post-Second World War, characterized by capitalistic economies and democratic political structures, are highly industrialized and divided into social classes based on economic status.

“Never again”: phrase commonly used to describe the horrors and memory of the Holocaust to prevent future atrocities

Operation cyclone: the CIA code name for the program to arm and finance the mujahedeen, in Afghanistan from 1979 to 1989, prior to and during the military intervention by the USSR in support of its client, the Democratic Republic of Afghanistan.

Populism: political ideas and activities that are intended to get the support of ordinary people by giving them what they want

Responsibility to Protect (R2P): a global political commitment which was endorsed by all member states of the United Nations at the 2005 World Summit to prevent genocide, war crimes, ethnic cleansing and crimes against humanity.

Scapegoating: a person or group made to bear the blame for others or to suffer in their place.

Slacktivism: actions performed via the Internet in support of a political or social cause but regarded as requiring little time or involvement, e.g., signing an online petition or joining a campaign group on a social media website.

Slobodan Milosevic: Serbian and Yugoslavian president who founded the Socialist Party. He was charged with war crimes as a result of the Bosnian war but died while in prison during the trial at the ICC

Tribunal:  a court or forum of justice

Tutsis: one of the native peoples of Rwanda involved in the Rwandan genocide, in which Tutsis were targeted by Hutu-led militias

UN Declaration of Human Rights: drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages.

Velvet revolution: a non-violent political revolution often used to describe Czechoslovakia’s smooth transition from communism to democracy in 1989

Wartime sexual violence: rape or other forms of sexual violence committed by combatants during armed conflict or war or military occupation often as spoils of war; but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives as a weapon of power

Supplementary Resources

  1. Akhavan, Payam. In search of a better world: a human rights odyssey. Toronto: Anansi Press. 2017.
  2. Dallaire, Roméo. Shake Hands with the Devil: The Failure of Humanity in Rwanda. Toronto: Vintage Canada, 2004.
  3. Mills, Kurt, and Karp, David Jason, Editor. Human Rights Protection in Global Politics: Responsibilities of States and Non-state Actors. Toronto: Palgrave Macmillan, 2015.