Tag Archives: League of Nations

Global Hubris

Hopgood

Stephen Hopgood, The Endtimes of Human Rights 

      In The Endtimes of Human Rights, Stephen Hopgood delivers a scathing critique of the practices and institutions associated with present day global human rights. Over the course of two introductory sections and five subsequent chapters, Hopgood argues forcefully that today’s global human rights machinery is unsustainable and on the verge of collapse, as the word “endtimes” in his title suggests.  Hopgood uses initial capital letters, “Human Rights,” to describe this broken system, which he contrasts with “human rights” without initial capital letters.

     Lower case human rights refer to ground level, indigenous movements to be free from human rights abuses, which Hopwood wholeheartedly endorses. The endtimes “can never come for this form of ’human rights,’” he argues, “in the same way that nothing can stop people banding together to demand their own freedom or justice in whatever language they prefer” (p.viii).  Upper case Human Rights, by contrast, consist of a “global structure of laws, courts, norms, and organizations that raise money, write reports, run international campaigns, open local offices, lobby governments, and claim to speak with singular authority in the name of humanity as a whole” (p.ix).

    For Hopgood, upper case Human Rights are based on an elitist, one-size-fits-all approach, “overambitious, unaccountable, alienated and largely ineffectual” (p.182).  In their hubris, Human Rights advocates have sought, and have largely succeeded, in arrogating to themselves and the institutions they represent the authority to define the fundamental global norms that are “applicable always, without discretion” (p.122).  The tension between Human Rights and human rights, he argues, is “exactly” the “tension between top-down fixed authority and bottom up (spontaneous, diverse, and multiple) authorities.” (p,x).  The forthcoming collapse of (upper case) Human Rights means that locally inspired (lower case) human rights movements will have space to flourish.

    Hopgood’s arguments against Human Rights focus primarily upon international criminal justice, the process which seeks to hold accountable those who violate international norms against, for example, torture and arbitrary arrests and killings, occurring in the context of what we often term mass atrocities, war crimes, genocide and crimes against humanity.  International criminal justice institutions of concern to Hopgood include the war crimes tribunals for Rwanda and the former Yugoslavia and, especially, the International Criminal Court (ICC) in The Hague, along with non-governmental organizations such as Amnesty International and Human Rights Watch, gatekeeper organizations dedicated to identifying and publicizing human rights abuses and advocating for accountability for abusers.  Human Rights also embraces humanitarianism — the treatment of military and civilian personnel in wartime and crisis situations — and, more recently, has included efforts to secure equal treatment for women and for lesbian, gay, bi-sexual and trans-gender (LGBT) individuals.  These strains of Human Rights, although mentioned in Endtimes, are of less concern to Hopgood, a professor of international relations at the University of London and the author of Keeper of the Flame, Understanding Amnesty International.

     Readers may be surprised to discover that very little of Hopgood’s work involves a direct critique of the day-to-day practices of Human Rights. Readers need to look elsewhere if, for example, their interest is whether hearsay evidence should be admissible before the ICC.  Hopgood addresses Human Rights from a far broader perspective.  His core argument is that although contemporary international criminal justice seeks to secure accountability for human rights abusers through what purports to be a judicial process, the process is almost entirely political.  Hopgood’s interest is in exposing the political underpinnings of this process. A crucial portion of his argument against contemporary Human Rights lies in his elaboration of its European origins.

* * *

     Today’s Human Rights may be traced to what Hopgood terms 19th century European humanism, when progressive, middle class Europeans created a “secular replacement for the Christian god” (p.x) which borrowed heavily from Christian values and concepts, especially the need to alleviate suffering.  Of particular importance was the International Committee of the Red Cross, ICRC, the “first international church” of secular humanism (p.25). The ICRC, founded in 1863 in very Protestant Geneva, Switzerland, was a neutral organization dedicated to providing assistance to soldiers wounded in war.  The ICRC gave rise to the Geneva Convention of 1864, which established standards for the provision of relief in armed conflicts.

      A decade later, the Geneva-based Institut de Droit International (International Law Institute) came into being as a supplement to the ICRC. The institute, a standing council of international jurists charged with providing expert commentary on the laws of war, served as the first step toward international war crimes tribunals, Hopgood contends.  The League of Nations, created in the aftermath of World War I and also based in Geneva, constituted an “epiphany” for secular humanism, the “first truly international organization authorized explicitly by the idea of humanity, not the Christian god” (p.41).  The League was to be a “permanent, transnational, institutional, and secular regime for understanding and addressing the root causes of suffering” (p.41-42).

      This phase of global secular humanism “came crashing to the ground in 1939. The Holocaust and the Second World War destroyed the moral legitimacy and political power, if not the ideological ambition and cultural arrogance, of Europe” (p.xi).  But the Holocaust and World War II gave rise to a perceived need to create institutions better equipped to preserve and advance secular humanism across the globe.  The creation of new institutions began in 1945 with the United Nations and the Nuremberg war crimes tribunal, which served as a model for future war crimes tribunals.  The years 1945-49 were the “last time Europe held such a central place in the design of world order. It was a last moment to embed the humanist dream before the empires were gone” (p.49), Hopgood argues.  The Universal Declaration of Human Rights and the UN’s Anti-Genocide Convention, both dating from 1948, along with a revised 1949 Geneva Convention, were products of this era and remain key instruments of global Human Rights.

       Echoing a theme which Barbara Keys developed in Reclaiming American Virtue: The Human Rights Revolution of the 1970s, reviewed here in November 2015, Hopgood goes on to argue that Human Rights gained impetus in the 1970s when the United States began to prioritize human rights abroad as a key consideration in its foreign policy.  More than any other single factor, Hopgood argues, American power turned lower case human rights into upper case Human Rights, with the “secular religiosity” of European humanism giving way to a “more political, openly pro-democratic form of advocacy” that embraced the “logic of money as power” and “made explicit what had been implicit within international humanism: Human Rights and liberal capitalism were allies, not enemies” (p.12-13).  Human Rights thus became “intimately tied to the export of neo-liberal democracy using American state power” (p.xii).

     The apogee of Human Rights was from 1991 to 2008, the “unipolar moment” of American post-war dominance, with the fall of the Soviet Union and the creation of international tribunals to investigate and prosecute mass atrocities in the ex-Yugoslavia and Rwanda.  During this period, moreover, 120 countries approved the Rome Statute of 1998, the founding charter for the ICC, which Hopgood terms the “apex of international criminal justice” (p.129; the United States was one of just seven states to vote against the Rome statute, along with China, Iraq, Israel, Libya, Qatar and Yemen).  The ICC began hearing cases in 2002. The period also witnessed the emergence of an international “responsibility to protect” victims of human rights abuses, often shortened to R2P, now a recognized basis for humanitarian interventions authorized by the United Nations Security Council.

     But at the very moment when the notion of Human Rights was at its apogee, the “foundations of universal liberal norms and global governance [were] crumbling” (p.1), Hopgood argues.  The United States no longer retains the power it enjoyed after the fall of the Soviet Union in 1991 to foist its neo-liberal vision upon the rest of the world.  Nationalism and religious conviction have reasserted themselves throughout the world, and competing world powers, particularly China and Russia, are not proponents of liberal democracy.  Neither the United States nor any other entity is today capable of speaking and acting on behalf of the international community.

     Rather, we are entering what Hopgood terms a “neo-Westphalian world,” a reference to the 1648 peace treaties which ended Europe’s Thirty Years War and established a system of political order in Europe based on state sovereignty and non-interference in the internal affairs of other states.  The neo-Westphalian world is one of “renewed sovereignty, resurgent religion, globalized markets, and the stagnation or rollback of universal norms about human rights” (p.166).  The “core modernizing assumption” of Human Rights, Hopgood argues, that “history brings secularism, a sense of oneself as an individual rights holder, and the erosion of collective beliefs and loyalties” is “fracturing alongside the Western power that sustained it” (p.166). Neo-Westphalia means “more politics, less morality, and less Europe,” in which the notion of genuine global solidarity becomes little more than a “conceit of human rights advocates in Geneva, New York, and London” (p.177).

    Hopgood looks with favor at the forthcoming collapse of Human Rights, its “endtimes,” much as many Christians look forward to an eschatological endtimes that culminate with the second coming of Jesus.  As Human Rights declines with declining American power, “local interpretations of what rights are and which rights might be sustainable will be essential if human rights are to flourish” (p.xv).  Once lower case human rights replace upper case Human Rights “other alliances can grow” (p.22), with “more international funding and expertise in areas like public health, disease, communication, and mediation – the Médecins Sans Frontières approach—which is more conducive to longer-lasting and effective change than are the often symbolic efforts of large-scale global institutions” (p.21).

     In the endtimes, only “issues of security, natural resources, and trade will excite multilateral engagement” (p.20), along with “very practical but time-limited relief work in logistics, search and rescue, medicine, disease control, and food and shelter” (p.21).  International Human Rights organizations will “turn increasingly to self-promotion. They will be concerned more than ever with themselves” (p.20). The one area where Human Rights seems likely to retain some clout is sub-Saharan Africa, precisely because this is the globe’s single area where Europe retains at least limited influence. “Africa will remain a laboratory for European moral spectatorship, although given Europe’s’ relative global decline, self reliance and church support will likely be the future for the poor and the suffering south of the Sahara” (p.21).

     Despite his searing rhetorical assault on contemporary Human Rights, Hopgood’s specific criticisms of the ICC and, by extension, international criminal justice, are tepid and hardly unconventional: the ICC’s prosecutions have been primarily against lower level state actors, rather than heads of state; they have focused almost exclusively on Africans, with few actions against persons from other regions; and the United States, having refused to ratify the Rome convention, remains an “embarrassing outlier for claims about liberal global norms” (p.129). The “true tragedy” of the ICC is that it is a court that “cannot conceivably exercise political jurisdiction over great powers, creating a permanent two-tier justice system in which strong states use global institutions to discipline the weak” (p.167).

* * *

     Hopgood’s polemical and passionately argued case against modern Human Rights is problematic in several respects.  He offers maddeningly few specifics to support his broad theme that international Human Rights elites, in their hubris, have foisted “universal” and “secular” norms upon unwilling local populations.  The scattered examples he provides are drawn from efforts to secure greater rights for women and LGBT individuals in certain non-Western cultures, difficult and delicate exercises to be sure but well removed from his primary focus on international criminal justice.  Further, it is facile to argue that “renewed sovereignty” threatens international criminal justice. Nationalism and state sovereignty have always been, and are likely always to be, challenges to the aspirations and objectives of international institutions and organizations across the board, not simply to those of international criminal justice — just ask the mavens in Brussels charged with trying to hold the European Union together.

     Hopgood stops short of explicitly recommending abolition of the ICC and other publicly financed international criminal justice institutions and organizations, but his arguments lead inescapably to this recommendation. His contention that the resources presently applied to these institutions and organizations should be redirected to humanitarian relief means that any process seeking accountability for human rights abusers will have to be locally driven.  Given the weak state of domestic justice systems in much of the world, this means still less accountability for those who commit war crimes and mass atrocities than is the case with today’s admittedly imperfect international criminal justice machinery.

Thomas H. Peebles
La Châtaigneraie, France
March 4, 2016

5 Comments

Filed under American Politics, Politics, Rule of Law

What Was So Enlightened About That?

Pictures.pagden

Anthony Pagden, The Enlightenment
And
Why It Still Matters 

            I remember being introduced to the Enlightenment during my senior year in college, in a course officially denominated 18th Century European Intellectual History or something to that effect. In this course, the professor, a kind, scholarly gentleman whose specialty was Diderot, introduced his clueless undergraduate charges to a sort of Hall of Fame of Enlightenment philosophes and other enlightened figures. In addition to his beloved Diderot, we met Voltaire, Montesquieu, Frederick the Great (an “enlightened despot”), and a host of others. I recall that our professor even allowed Jean-Jacques Rousseau to make a brief and tightly-regulated appearance. I couldn’t help but like the Enlightenment figures’ emphasis on science, reason, and empirical thinking rather than religion; their belief in the equality of all men – for some, even the equality of all men and women; and their willingness to rethink the “timeless verities” that had been handed down from century to century in Europe.

            But as I identified with the enlightened figures of the 18th century, I was consistently brought back to a harsher reality: hadn’t I learned in a previous year’s introductory European History course that the 18th century ended rather badly for France, the epicenter of the Enlightenment? Didn’t the French Revolution that began so nobly with a Declaration of the Rights of Man degenerate into a guillotined bloodbath, with some of the revered Enlightenment figures finding themselves on the chopping block for politically incorrect thinking or insufficient revolutionary zeal? Wasn’t our text punctuated with several gruesome sketches of the guillotine in action? And didn’t that revolutionary zeal inspire a pesky little guy named Napoleon to launch a European war of conquest? What was so enlightened about that?

            In the decades since that course, I have instinctively felt the need to check my natural enthusiasm for the ideals of the Enlightenment by reminding myself of the ignominious ending to the French Revolution, followed by Napoleonic wars of conquest. Anthony Pagden’s The Enlightenment and Why It Still Matters seeks to uncouple the Enlightenment from the darker chapters of the Revolution and the Napoleonic era. Pagden’s answer to why the Enlightenment still matters, his somewhat aggressive, in-your-face title, is that it continues to be the baseline for the “broadly secular, experimental, individualist and progressive intellectual world” we inhabit today (p.x-xi). By insisting on “its own unfinished nature,” the Enlightenment “quite simply created the modern world. It is . . . impossible to imagine any aspect of contemporary life in the West without it” (p. 408). In particular, Pagden concludes that modern liberal democracy, the form of political system which, “for better and sometimes for worse, governs most modern societies,” is a “creation of the Enlightenment, refined and institutionalized during the course of the nineteenth century” (p.412-13). Nonetheless, the struggle over the legacy of the Enlightenment remains one of the “most persistent, most troubling, and increasingly most divisive” of the ideological divisions within the modern world (p.ix).

            For Pagden, the Enlightenment arose during the “long” 18th century, the last decade of the 17th century through the first decade of the 19th, in the aftermath of the 17th century’s religious wars and the accompanying breakdown of the authority and intellectual unity of the Catholic church. These wars, the Reformation, the “theologically destabilizing impact of the revival of Skepticism,” and the discovery of the Americas had “dealt all the self-assured claims of the theologians a blow from which they never recovered’ (p.96). By the end of the 17th century, Christianity was no longer able to provide the “intellectual and consequently moral certainty that it once had done” (p.406). Pagden describes two broad, intertwined intellectual trends which marked the Enlightenment: reliance upon science and reason, rather the religion and theology, to explain the human species and the universe; and what he calls the cosmopolitanism of the Enlightenment, its emphasis upon what unites the human species across a vast array of cultures and languages. Pagden sets out these trends in eight erudite if sometimes difficult to follow chapters, each with a snappy title (e.g. “Bringing Pity Back In”; “The Fatherless World”). The most argumentative portion – and for me the most enticing – is his conclusion, entitled “Enlightenment and Its Enemies,” evoking Karl Popper’s World War II-era defense of liberal democracy, The Open Society and Its Enemies.

            The Enlightenment can be studied from numerous angles, but most encompass the study of the thinking of Europe’s enlightened figures, a “self-appointed elite” whose members were, as Pagden phrases it, marked by their “intellectual gifts, their open-mindedness, their benevolence toward their fellow human beings. . . and their generosity” (p.322). Each student of the period has his or her own favorite figures. My undergraduate course seemed to turn around Diderot, whereas Pagden’s interpretation gives preeminent place to two philosophers who thrived outside France, the Scottish David Hume and the German Immanuel Kant. Although the thinking of each ranged broadly, Hume personifies for Pagden the secular thread of the Enlightenment, the effort to supplant religious and theological explanations of man and the universe with a “science of man,” based on such notions as “sentiment,” “empathy, “and “virtue,” rather than simple self-preservation, as Thomas Hobbes, the 17th century English philosopher and quasi-atheist, had posited. In somewhat different terms, both Hume and Kant articulated the Enlightenment’s cosmopolitan universalism.

            Hume became the “single most influential proponent of a secular ethics based upon a ‘science of man’ which the Enlightenment ever produced” (p.153), Pagden writes. For Hume, the world’s religions – those “sick men’s dreams,” as he called them (p.125) — had only muddled, corrupted and complicated human lives. His demolition of religion was, Pagden argues, “more assertive, better argued, more profound, and has been more long-standing than that of any philosopher besides Kant” (p.146). Moreover, unlike Kant, Hume was “able to demonstrate that religious belief could not exist ‘within the limits of reason alone,’” using Kant’s phrase (p.146). Hume agreed with the Old Testament view that “however varied actual human beings might be, they all shared a common identity as humans,” with “no universal difference discernible in the human species” (p.162). For Hume, “habits,” “manners,” “customs,” are the stuff of which our worlds are made. All that distinguished the “wisest European from the most ignorant ‘savage’ or ‘barbarian’ is precisely the same as that which distinguishes one ‘civilized’ people from another . . . custom, law, habit, and social expectations” (p.163).

          Pagden cautiously endorses the view of Kant as the “first of the modern liberals” and the first to claim that “modern liberal democracy was bound eventually to become the form of government that all enlightened and civilized peoples would one day embrace” (p.358). Kant’s “cosmopolitan right,” the vision of humanity moving steadily toward a future free of strife and hostility, in which all humans might pursue their own individual ends without endangering those of others, was the “inescapable conclusion of the Enlightenment project” (p.370). Kant, who paradoxically never traveled more than 30 miles away from his native Konigsberg in Germany, also foreshadowed the 20th and 21st century movements toward international justice.

            Kant’s Toward Perpetual Peace, written in the aftermath of the 1795 Peace of Basel, which ended the War of the First Coalition between Europe’s principal monarchies and revolutionary France, set out Kant’s views on ending the scourge of war. In this tract, Kant laid out the case for a hypothetical universal peace treaty that could “ensure the future and inescapably cosmopolitan development of the human race” (p.349). The influence of Toward Perpetual Peace can be seen not only in “contemporary discussions over global governance and global justice but also in the creation of the universal institutions to sustain them, in the League of Nations, the United Nations, and perhaps most closely of all, the European Union” (p.349-50). In bringing the secular, scientific and cosmopolitan threads of the Enlightenment together, Hume and Kant enunciated the Enlightenment objective of creating a “historically grounded human science that would one day lead to the creation of a universal civilization capable of making all individuals independent, autonomous, freed of dictates from above and below, self-knowing, and dependent only on one another for survival” (p.371).

            After setting forth the essential threads of the Enlightenment and highlighting its most consequential thinkers, Pagden finishes with his provocative conclusion, “Enlightenment and Its Enemies,” in which he discusses the case against the Enlightenment. The case amounts to an assault against modernity, Pagden contends, based on “some caricature of a project to reduce all human life to a set of rational calculations” (p.406). Under this view, the Enlightenment produced a culture “devoid of direction and purpose” because the Enlightenment was “fundamentally wrong about morality” as being discoverable by reason alone (p.397). Without the guidelines of tradition, custom and systems of religious belief which the Enlightenment sought to strip away, “humans are lost” and the Western world has been “suffering for it ever since” (p.398). What might be termed the German 4H club, Herder, Heine, and Hegel in the 19th century, and Heidegger in the 20th, propounded the view of the Enlightenment as a “cold, toneless, monstrous and calculating . . . It had tried to crush all of human life, difference, heroism, and desire” (p.387). Over the centuries, Enlightenment, the “Rights of Man,” “Republicanism,” and Kant’s “Cosmopolitanism” all came to be identified in the minds of conservative elites with the destructive power of the French Revolution. Or, as Friederich Karl von Moser, an 18th German jurist and government official, more succinctly put it, Enlightenment “begins with philosophy and ends with scalping and cannibalism” (p.381).

            In response, Pagden comes to what is for me the crux of his argument on behalf of the Enlightenment. Any direct causal link between the Enlightenment and the darker side of the French Revolution, he asserts, is “spurious” (p.389). Had the Enlightenment in fact been a precursor to the Revolution and to Napoleon, he writes, “it would not be of much lasting importance” (p.389). For all its excesses, the Revolution and the Napoleonic era were a “necessary evil” that “ultimately cleared the way for the liberal-democratic order that ultimately came to replace the ancient regime throughout Europe” (p.389). That doesn’t sound to me like an argument that the links between the Enlightenment and the French Revolution are “spurious” (which my dictionary defines as “of falsified or erroneously attributed origin”). Rather, Pagden’s account seems to acknowledge that the Revolution and Napoleonic era were intertwined with the Enlightenment, and it is difficult to see how one could argue otherwise.

            The Enlightenment itself was a complex phenomenon, and the interpretation of its legacy some 200 years after the end of the “long” 18th century still excites passions. Given this complexity, we should not be surprised that many paths can be charted from the Enlightenment. I accept as well-founded the link which Isaiah Berlin perceived between the Enlightenment’s utopian universalism and the game plan which Vladimir Lenin devised for Russia. That another path from the Enlightenment leads to modern notions of liberal democracy, Pagden’s primary contention, seems unassailable. And it is not unreasonable to contend, as Pagden does, that the Revolution and the Napoleonic era were necessary disruptions to clear that path. But that is a more modest contention than that links between the Revolution and the Enlightenment are “spurious.”

            After the horrendous wars and genocides of the 20th century, we know that we cannot always count on reason to prevail. There is still tribalism of many sorts that precludes us from seeing the common humanity linking individuals across the globe, and atrocities are committed in the name of religion nearly every day. But the Enlightenment impulses represent for me now, as they did in that classroom several decades ago, the more noble side of human beings and human experience – if only I could only rid my mind of those guillotine sketches in my college textbook.

Thomas H. Peebles
Cotonou, Benin (West Africa)
January 24, 2015

4 Comments

Filed under European History, Intellectual History, Political Theory, Uncategorized