There can be little doubt that despite the UN Charter and all sorts of laws, international and otherwise, wars and the oppression of people continue around the world. Remember the catch-cry after World War II? "Never again!". And have seen any abatement of inhuman and unconscionable behaviour across the globe? And how do organisations like Amnesty International and Human Rights Watch fit into the scheme of things? At least one point of view answering that question in this piece "Amnesty International and the Human Rights Industry" on CounterPunch.
"And, what all of these individuals have emphasized time and time again is that international law, as first codified in the aftermath of World War II in such instruments as the UN Charter and the Nuremberg Charter, was created for the primary purpose of preserving and maintaining peace by outlawing aggressive war. And, why is this so? Because the nations which had just gone through the most destructive war in human history, with its attendant crimes of genocide and the holocaust, realized full well that those crimes were made possible by the paramount crime of war itself. As Jean Bricmont, then, in his wonderful book Humanitarian Imperialism, explains, the first crime for which the Nazis “were condemned at Nuremberg was initiating a war of aggression, which, according to the 1945 Nuremberg Charter, ‘is the supreme international crime, differing only from other war crimes is that it contains within itself the accumulated evil of the whole.’”
In other words, the logic of the very founders of international law, including international human rights law, was that, to preserve human rights, the primary task of nations is to ensure peace and to prevent war which inevitably leads to the massive violation of human rights. As Noam Chomsky has noted for years, quite notably in his 1971 Yale Law Review article entitled, “The Rule of Force in International Affairs,” 80 Yale L.J. 1456, one of the very first substantive norms established by the UN Charter is prohibition against aggressive war. Such a norm is contained, as Chomsky relates, in Article 2(4) which provides that all UN members “shall refrain in their international relations from the threat or use of force . . . .” And, contrary to the position of the new humanitarian interventionists, Article 2(7) of the Charter specifically states that “[nothing in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state . . . .”
Sadly, as Chomsky noted even back in 1971, these norms, the paramount ones of the entire UN system, have sadly been read out of international law. And, they have been read out by, among others, such chief human rights groups as Amnesty International (AI) and Human Rights Watch (HRW). As Jean Bricmont, citing international law scholar Michael Mandel, explains in Humanitarian Imperialism, while AI and HRW urged all “’beligerents’” (without distinguishing between the attackers and the attacked) at the outset of the 2003 U.S. invasion of Iraq to respect the rules of war, neither group said a word about the illegality of the war itself. As Bricmont quite correctly stated, “[t]hese organizations are in the position of those who recommend that rapists use condoms,” ignoring the fact that once the intervention they failed to oppose “takes place on a large scale, human rights and the Geneva Conventions are massively violated.”
"And, what all of these individuals have emphasized time and time again is that international law, as first codified in the aftermath of World War II in such instruments as the UN Charter and the Nuremberg Charter, was created for the primary purpose of preserving and maintaining peace by outlawing aggressive war. And, why is this so? Because the nations which had just gone through the most destructive war in human history, with its attendant crimes of genocide and the holocaust, realized full well that those crimes were made possible by the paramount crime of war itself. As Jean Bricmont, then, in his wonderful book Humanitarian Imperialism, explains, the first crime for which the Nazis “were condemned at Nuremberg was initiating a war of aggression, which, according to the 1945 Nuremberg Charter, ‘is the supreme international crime, differing only from other war crimes is that it contains within itself the accumulated evil of the whole.’”
In other words, the logic of the very founders of international law, including international human rights law, was that, to preserve human rights, the primary task of nations is to ensure peace and to prevent war which inevitably leads to the massive violation of human rights. As Noam Chomsky has noted for years, quite notably in his 1971 Yale Law Review article entitled, “The Rule of Force in International Affairs,” 80 Yale L.J. 1456, one of the very first substantive norms established by the UN Charter is prohibition against aggressive war. Such a norm is contained, as Chomsky relates, in Article 2(4) which provides that all UN members “shall refrain in their international relations from the threat or use of force . . . .” And, contrary to the position of the new humanitarian interventionists, Article 2(7) of the Charter specifically states that “[nothing in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state . . . .”
Sadly, as Chomsky noted even back in 1971, these norms, the paramount ones of the entire UN system, have sadly been read out of international law. And, they have been read out by, among others, such chief human rights groups as Amnesty International (AI) and Human Rights Watch (HRW). As Jean Bricmont, citing international law scholar Michael Mandel, explains in Humanitarian Imperialism, while AI and HRW urged all “’beligerents’” (without distinguishing between the attackers and the attacked) at the outset of the 2003 U.S. invasion of Iraq to respect the rules of war, neither group said a word about the illegality of the war itself. As Bricmont quite correctly stated, “[t]hese organizations are in the position of those who recommend that rapists use condoms,” ignoring the fact that once the intervention they failed to oppose “takes place on a large scale, human rights and the Geneva Conventions are massively violated.”
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